Karnataka

Gadag

CC/121/2019

Chandrashekhar. C. Amatennavar - Complainant(s)

Versus

The Proprietor, Sudarshan Sour Shakti Pvt Ltd - Opp.Party(s)

P.S.Dharmayat

17 Jun 2020

ORDER

-::O R D E R::-

 

BY: SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT.

 

1.       The complainant has filed this complaint claiming direction to the OPs to refund Rs.11,000/- along with interest @ 18% from the date of purchase of Solar System i.e., from 15.04.2019, compensation of Rs.50,000/- towards mental agony, harassment, depression, hardship and inconvenience, damages of Rs.25,000/-  and such other relief.

-::Brief facts of the case are as under::-

 

2.      The case of the complainant is that, he purchased Sudharshan Sour ETC (Evacuated Tube Collector Solar Water Heater System from OP No.2 for Rs.22,000/- on 15.04.2019, the same carries guarantee of seven years.  Out of Rs.22,000/-, complainant paid Rs.11,000/- to OP No.2.  OP No.2 issued Invoice No.WE-19-20/33 dated 15.04.2019 was issued to the complainant.  The Servicemen of OP No.2 came to the house of complainant and installed the same and issued installation certificate by the OP No.2 on the same day.  After some days of installation, the system was fallen down due to poor erecting by the Servicemen of OP No.2.  Immediately, complainant intimated the same to OP No.2.  Thereafter, their Servicemen came to the house of complainant and inspected and told that, the Solar Water Heater was not installed properly.  OP No.2 also visited and inspected the house of complainant and came to the conclusion that, the reason for fallen down of water heater was due to the above said reasons and given assurance to replace the old solar water heater with new one.  Complainant requested OP No.2 several times for replacement of the same, but it went in vain.  The complainant fed up with the inactiveness and careless in this matter, which is a deficiency of service on the part of OPs.  The cause of action arose for this complaint on 27.07.2019 when the notice issued to the OPs.  Hence, the OPs are liable to refund Rs.11,000/- along with interest @ 18% from the date of purchase of Solar System i.e., from 15.04.2019, compensation of Rs.50,000/- towards mental agony, harassment, depression, hardship and inconvenience, towards damages of Rs.25,000/-  and such other relief.

  

3.      Registered the complaint and notice was ordered, as such OPs present before the Forum, but failed to file written version.

4.      The complainant has filed his affidavit evidence and filed 12 documents, which are as follows;

COMPLAINANT FILED DOCUMENTS AS follows

	Particulars of Documents	Date of Document
C-1	Legal Notice
C-2	User Manual
C-3	Postal Acknowledgement
C-4	Returned Postal Cover with acknowledgement
C-5	Postal Acknowledgement
C-6 & 7	Reply to Notice
C-8 to 12	Photos of Solar Water Unit

 

5.     On the basis of above said pleading, oral and documentary evidence, the following points arises for adjudication which are as follows:

1. Whether the Complainant proves that, OPs have committed deficiency of service and unfair trade practice?

2.  Whether the complainant proves that the OPs have committed unfair trade practice and entitled for the relief?

3.   What order?

6.      Our Answer to the above points are:-

 

1. Affirmative.

 

2. Partly Affirmative.

         

3.       As per the final order.

REASONS

7.      Point No-1 & 2:- Both the points are inter-link and identical. Hence, we proceed both the points together.

8.      The complainant has filed this complaint against the OPs claiming that, he purchased solar water heater from OP No.1 to 3.  As per the submission of the complainant, he purchased the same for Rs.22,000/- on 15.04.2019 vide Invoice No.WE-19-20/33, the said unit for Rs.22,000/-, in which complainant paid Rs.11,000/- to OP No.2 and the same has been installed.  But after some days, the unit had collapsed/got damaged and the same has been informed to the OPs.  But OP No.2 visited the house of the complainant and accepted the fault of OPs and gave an assurance that, they will replace the unit, but they did not turn up. 

9.      Ongoing through the records on file, it is an admitted fact that, complainant had purchased the unit from OP No.2 and OP No.1 is the company and OP No.3 is the branch office of OP No.1 and 2.  OPs furnished the invoice as well as the notice issued to the OPs and the photos pertaining to the unit.  It is clear that, unit has been damaged due to some reason, which has been accepted by OP No.2 in his reply notice dated 29.07.2019 and in that notice, OP No.2 corresponded with the complainant’s Advocate stating that, he is ready to bear the transportation cost and installation fee, but he requested the complainant to bear the unit cost.  It is clear that, the unit had been collapsed.  As per this notice, they submitted that, it has been happened for the natural issue.  But to prove the same, OP No.2 or else OP No.3 which is said to be the branch of OP No.1 and 2 is not present before the Forum after service of notice also.  Hence, is clear that, OP No.1 and 2 made unfair trade practice and deficiency in service.  Hence, we answer point No.1 is in Affirmative and Point No.2 in partly Affirmative.

10.    Point No.3:-        For the reasons and discussion made above we proceed to pass the following:-

6698606.  

1. The complaint filed by the complainant is partly allowed.   
2. OP No.1 and 2 are jointly and severally liable to pay Rs.11,000/- to the complainant  along with interest @ 6% from the date of filing this complaint within one month.
3. Further OP No.1 and 2 are jointly and severally liable to pay the compensation of Rs.2,000/- and Rs.1,000/- towards litigation charges to the complainant.
4. Further OP No.1 and 2 are directed to comply this order within one month, failing which OPs are liable to pay interest @ 12% from the date of fling this complaint till realization.   
5. Send a copy of this order to both parties free of cost.  

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 17^th day of JUNE-2020)

 

 (Shri B.S.Keri)                                        (Smt.C.H.Samiunnisa Abrar)

       MEMBER                                             PRESIDENT