M. THANIKACHALAM J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant having failed in their attempt to get a favourable, alleging deficiency, have come before us, as appellant, challenging the order dated 07.12.2007.
(3.) The complainant/appellant, in order to improve the power factor for their electricity connection, to meet the TNEB norms and avoid penalty, had purchased power factor relay/capacitor, manufactured by the opposite party, by purchasing the same, installed it in its premises, finally paying a sum of Rs.7,000/- on 09.08.2004. From the date of installation of relay/capacitor, it was not functioning, power factor has not improved, though the complainant had incurred an expenses of Rs.27,000/-. Because of the failure of Capacitor for the period from May 2004 till May 2005, the complainant was constrained to pay penalty to the TNEB, a sum of Rs.11,665/- and it was due to the non-functioning or failure of the relay/capacitor, which should be construed as deficiency in service, which had caused untold hardship and mental agony also.;