Karnataka

StateCommission

A/3149/2016

Taurus Solar Company - Complainant(s)

Versus

Chandrashekar M.M - Opp.Party(s)

Abubacker Shafi

28 Feb 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 28^TH DAY OF FEBRUARY 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

 

Appeal No. 3149/2016

 

Taurus Solar Company 11/A, 2nd Floor Vishwamanava Double Road Saraswathipuram, Mysore Rep. by its Proprietor (By Sri. Abubacker Shafi) V/s	……Appellant
Chandrashekar M.M. Basappa Layout, Gummana Kolli Kushalnagar, Madikeri Dist. (By In-person)	..…Respondent

 

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed under Section 15 of the Consumer Protection Act, 1986 against the order dated 25.10.2016 passed in C.C.No.16/2016 on the file of District Consumer Disputes Redressal Forum, Madikeri.

2. It is the case of the complainant that he purchased Solar water heater from OP for Rs.20,947/- and within the warranty period the said solar water heater got rusted.  On complaint OP painted the rusted portion and assured that it will not rust in future, but, once again it got rusted and a big hole has been created on the water heater. Thus, lodged the complaint seeking replacement of the solar water heater or reimbursement of money and compensation.
3. None appears.  Taken as heard.  Perused the appeal memo and the impugned order.  The District Forum allowed the complaint by directing OP to replace the solar water heater or reimburse Rs.20,947/- with interest at the rate of 12% p.a. from 14.03.2012 and also ordered to pay Rs.3,000/- towards compensation and Rs.2,000/- towards costs.  The District Forum has rightly observed that the complainant has proved his case by adducing evidence.  OP has failed to repair the solar water heater when defects were brought to his notice within warranty period.  As such, the order of the District Forum is just and proper.  There is no scope for interference in the impugned order.  However, the interest awarded at 12% is reduced to 6% p.a.  Accordingly, appeal is disposed of. 
4. The amount in deposit is directed to be transferred to the District Forum for needful.

 

        JUDICIAL MEMBER                           PRESIDENT

CV*