JUDGEMENT
M.THANIKACHALAM, J. -
(1.) The opposite parties 1 and 2, who are directed to pay a sum of Rs.2
lakhs as compensation, and Rs.15000/- as cost, with interest, as per
order dt.29.7.2010, are the appellants, aggrieved by the said order.
(2.) Brief facts necessary for the disposal of the appeal:
The complainant / 1st respondent, had purchased and installed a solar
heater, manufactured by the 1st opposite party, at the instance of the
2nd opposite party, from 3rd opposite party. On 4.7.2007, by paying a sum
of Rs.1,61,720/-, having the warranty period upto 4.7.2008. The 1st
opposite party gave a offer letter on 28.6.2007, satisfying the quality,
and accordingly after purchase the solar heater was installed in the
lodge, run by the complainant, for his self earning.
(3.) In the month of December 2007, and February 2008, there were leakages,
which was not properly attended by the opposite parties, resulting
continuous leakage, causing inconvenience to the inmates of the lodge, as
well as to the complainant. The opposite parties instead of changing the
leaking tank, did patch work alone, which became worse than before,
thereby causing continuous problem. Thus the opposite parties have
committed negligence, as well as deficiency in service, compelling the
complainant to issue a letter, seeking refund of the amount, as well as
compensation, which failed to respond positively, and therefore this
consumer complaint is filed, for replacement of a new solar water heater,
with one year warranty, in the alternative for the recovery of a sum of
Rs.2 lakhs with interest, for the expenses incurred, in addition to a sum
of Rs.5 lakhs, to repair the damages caused to the lodge, by the solar
defective water heater.;
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