Date of Filing : 16.07.2011
Date of Order : 30.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 30th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 1315/2011
G.Ramaiah,
Aged about 65 years,
No.65, Vajarahalli,
Kanakapura Main Road,
Thalaghattapura Post,
Bangalore
(By Advocate Sri.G.M.Nataaj) ……. Complainant
V/s.
M/s EMMVEE Solar systems Pvt. Ltd.,
“Solar Tower”, No.55, 6th Main,
11th Cross, Lakshmaiah Block,
Ganganagar,
Bangalore 560 024.
Rep. by its Managing Director.
(By Advocate M/s K.N.Harish Babu & Associates) ….Opposite Party
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that led to be filing of the complaint under section 12 of the Consumer Protection Act seeking direction to the OP to replace the solar water Tank purchased and to pay Rs.35,000/- are necessary:
1. On the representation of the representative of the OP by name H.C.Radhakrishna and the quotation dated 12.02.2005, the complainant purchased a solar water heater system from the OP and got it installed in his house on 11.03.2005 by paying Rs.25,000/-. Quotation says that it was a warranty of 10 years. The complainant is using the said water heater since five years. Since four months the tank started leaking. When informed the OP did not rectify. Hence the complainant’s issued notice on 27.05.2011, on 06.06.2011, the OP visited the complainant house, took the tank for repair, demanded Rs.500/- as transportation charges which was paid by the complainant. Later the OP sent an untenable reply alleging that water that was collected was sent to chemical analysis, which found that the water is hard. The OP demanded Rs.2800/- for rectification or to purchase a new 1000 PPM water heater by paying Rs.18000/-. This is nothing but deficiency in service.
2. In brief the version of the OP are:
The quotation of 12.02.2005 is admitted. The quotation of 10 years warranty is admitted, if the hardness of the water exceeds 140 PPM, the warranty does not cover. The purchase of the 200 LPD Mark III of Solar Water Heater from the OP for Rs.25,000/- on 11.03.2005 is admitted. Until May 2011 the complainant has used it for more than six years. Issuance of notice dated 27.05.2011 is admitted. On 06.06.2011 the representative of the OP visited the complainant is admitted and took amount of Rs.500/- as repair charges and not for transportation charges. Since the hardness of the water is 400 PPM, the OP advised the complainant to go for a new tank worth Rs.18,000/- which can withstand of water of 1000 PPM. With the complainant pays repair charges, or, otherwise the OP is prepared to repair and submit it to the complainant.
3. To substantiate their respective cases the parties have filed their respective affidavits and documents. Arguments were heard.
4. The points that arise for our consideration are
A) Whether there is deficiency in service ?
B) What order ?
5. Our answers to A and B are as per the detailed order for the following :
REASONS
6. Reading the pleadings in conjunction with the affidavits and documents on record it is an admitted fact that he complainant wanted to purchase a solar water heater from the OP, and the OP has given a quotation on 12.02.2005 for Rs.28,000/-. In that the OP given quotation regarding the warranty at 2.3 thus:
“Warranty : 10 years for collectors, 10 years for tank(Mark III)
No warranty on collector glass, 1 year for electrical Back-up.”
That means the warranty of 10 years for water tank that has been given. Accordingly the complainant has purchased the said solar water heater by paying Rs.25000/- as agreed to between the parties on 11.03.2005 and the water heater was installed in the complainant’s house.
7. Further it is an undisputed fact that the said tank of the solar water heater has started leaking since February 2011. Hence the complainant issued notice to the OP on 27.05.2011. Accordingly the OP come to the complainant took that tank for repair on 06.06.2011 as per the ‘service form’ and till today it has not been repaired nor delivered back to the complainant. The warranty is only for five years as per the users Manuel as per the contentions of OP.
8. The warranty that has been given is for 10 years. Hence the OP cannot claim that the water is harder and hence they cannot repair it now. This is an untenable contention. Merely the OP in the service form has stated that the repair cost is Rs.3000/- it does not mean the complainant has to pay the repair charges. As the warranty is for 10 years, the OP has to repair the water tank or replace the water tank and put it to the complainant’s house free of cost.
9. The contention of the OP is that as the water is harder the problem may reoccur. There is no material to show the water which was used by the complainant for five years which is using now is holder now. When the same water is used the tank did not leak earlier. Then how it leaks now even otherwise no is clause that has been put in the warranty as stated supra with respect to hardness of the water in the tank. Hence under these circumstances demanding money with respect to hardness in water is nothing but unfair trade practice. As per the warranty the OP is liable to repair or replace the water tank of the water heater to the complainant. Hence we hold the above points and pass the following.
ORDER
1. The complaint is allowed in part.
2. The OP is directed to repair the water tank or replace the water tank that has been supplied to the complainant and received by it within 30 days from the date of this order and re-install it in the complainant house.
3. OP is also directed to pay Rs.2000/- as cost of the proceedings.
4. OP is directed to send the amount as ordered at No. 3 above to the complainant by DD through RPAD and submit to this Forum a compliance report with respect to No. 2 & 3 within 45 days from the date of this Order.
5. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
6. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 30th day of November 2011.
MEMBER PRESIDENT
