Date of Filing : 14/09/2011
Date of Order : 19.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 19th day of November 2011
PRESENT
Sri.H.V.Ramachandra Rao B.Sc., BL …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 1709/2011
A.M.Kariappa,
No.11, “Priya Nivas”,
BHEL MINI Colony,
Muneshwara Block,
Mallasandra, T Dasarahalli Post,
Bangalore 560 057 ……. Complainant
V/s.
M/s Home Solar Solution,
No.3, Site No.77, Channasandra,
Near RNS IT College,
Kengeri Uttarahalli Main Road,
Bangalore 560 061.
Mr.Ranganath, General Manager. …… Opposite Party
ORDER
(By the Member Sri. BALAKRISHNA V. MASALI,)
This is the complaint filed under section 12 of the Consumer Protection act seeking direction to the opposite party to refund of Rs.17000/-.
1. The brief facts of the case are that the complainant has purchased 120LPD solar water heater system of Gilma Brand vide order No.010 dated 10-05-2010 and same delivered on 12-05-2010. After 15 days of installation the system was not working properly as the tank was leaking. The complainant brought into their knowledge. After 15 days they came for Inspection and said some defect was there in the tank and they said that they will exchange the tank after rectification. After 1 to 2 months gap they brought new tank and fixed it. After 20 to 30 days it started leaking, then again the complainant brought this to their notice again they came and told they will exchange it. After one month they exchanged it again. Like this they exchanged three times within in a year. But some problem persisting. But the problem was not solved. When complainant complained to them again they refused to do it. So complainant requested them to refund a money of Rs.17,000/-. Hence the complaint.
2. Notice was issued to the opposite party by RPAD. Notice was served on opposite party. The opposite party has not appeared hence placed ex-parte.
3. Affidavit evidence of the complainant filed perused the affidavit and documents and arguments are heard.
4. The points for considerations are
a) Whether the complainant has proved deficiency of service on the part of opposite party?
REASONS
5. Perused the complaint and documents. It is admitted fact that the complainant has purchased 120 LPD solar water heater system of Gilma brand on 10-05-2010 from the opposite party by paying a sum of Rs.17,000/- bill dated 10-05-2010 the same is produced by the complainant. After 15 days of installation the solar water heater was not working properly as the tank was leaking. The same problem was informed to opposite party. After 15 days the opposite party came for inspection and said some defect was there in the tank and further opposite party said we will exchange the tank after rectification. After 2 months the opposite party brought new tank and fixed it. After 30 days the exchanged tank also started leaking again. The complainant informed to the opposite party, then opposite party came to the complainant house and further second time also exchanged the tank. Within a year the opposite party exchanged 3 times. But still same problem persisting. Again the complainant complained to the opposite party. The opposite party refused to do it. Regarding this the complainant wrote the letter to the opposite party on 08-08-2011 stating that return the money of Rs 17,000/- . It clearly shows that the opposite party committed deficiency of service to the complainant. Till today the opposite party has not replaced the solar heater. Consumer protection act is enacted to provide better protection to the customers. The opposite party should see that no defective sets are sold to the customers. So under these circumstances it is just fair and reasonable to order the opposite party to replace the 120LPD solar water heater system of
Gilma brand at the earliest. Hence I proceed to pass the following
ORDER
1) The complaint is allowed in –part.
2) The opposite party is directed to replace the new defect free 120LPD solar water heater system of Gilma within 30 days from the date of this order, after receiving the defect 120LPD solar water heater system of Gilma, failing which the opposite party is directed to refund the amount of Rs 17,000/- within 60 days from the date of this order .
3) The opposite party is also directed to pay Rs 2000/- to the complainant towards the cost of this litigation.
4) The amount to be sent directly to the complainant by way of DD or cheque with intimation of this forum.
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 19th day of November 2011
MEMBER PRESIDENT
