M.THANIKACHALAM J. - (1.) Challenge in this appeal is the order dt.9.3.2007, on the file of District Forum, Namakkal, wherein directions were issued, not only to refund the amount, for the solar water heater purchased, but also for compensation.
(2.) The respondent/ complainant had purchased a solar water heater, from the opposite party, by paying a sum of RS.15,500/-, as well as installation charges, totaling a sum of Rs.17000/-, for which one year warranty was given, from the date of installation viz. 23.12.2003. The water heater failed to function, even from the date of inception, and despite report, legal notice, instead of rectifying the mistake, they have issued a false reply, as if the complainant himself had fixed the water heater, which is incorrect. By the deficiency and negligence, committed by the opposite party, the solar water heater was not properly functioning, resulting mental agony, for which the complainant is entitled to the refund of RS.18000/-, as well a sum of Rs.5000/-, towards compensation, totaling a sum of Rs.25000/-. Hence the complaint.
(3.) The opposite party, admitting the placement of the order, for solar water heater, resisted the case, contending interalia, that though as per the agreement, the opposite party manufactured the water heater, the complainant refused to take the same, thereby caused delay of 2 years, that as agreed on 23.12.2003, the water heater and spare parts were delivered to the complainant, acknowledged by him, that as alleged by the complainant, the water heater was not installed by the opposite party, and the complainant himself had installed the water heater incorrectly, resulting problem, for which the opposite parties cannot be held responsible, since they have not committed any deficiency, praying for the dismissal of the complaint.;