BALAJI ENTERPRISES Vs. SARPANCH, GRAMPANCHYAT MAKA

JUDGEMENT

(1.) Revision petition no. 2640 of 2015 has been filed against the judgment dated 28.08.2015 of the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad ('the State Commission') in Appeal no. 229 of 2014.

(2.) The facts of the case as per the respondent/ complainant are that Sarpanch Grampanchyat Maka Tq Newasa District Ahemdnagar, through its Gramsevak filed the complaint against the petitioner/ opposite party for the defective services. It was stated by the respondent that the respondent was a local body and was working for development of the village by supplying their fundamental needs by availing the subsidy from the schemes floated by the Government. On 30.07.2012 the respondent had purchased solar street light from the petitioner/ opposite party. At that time the petitioner had given guarantee of one year and warranty of five years. The said solar lamps worked for 2-3 months only and thereafter they became defective. Thereafter, the respondent made many attempts to sped to the petitioner on phone and wrote many letters to replace the solar street lights. The petitioner did not replace the same. Respondent a public body also suffered the mental harassment due to same. Therefore, the respondent approached the forum for replacement of the said lamps and compensation.

(3.) Petitioner appeared before the Forum and resisted the complaint. At the outset, it was submitted by the petitioner that the complaint itself was not maintainable as there was no contract between the petitioner and the respondent and as per the contract the said solar lamps were supplied. It was further submitted by the petitioner that there was no guarantee or warranty given by the petitioner. Even after receipt of the complaint the employee of the petitioner tried to repair the said solar lights, sometimes the respondent itself restrained the petitioner from repairing the same, as such there was no deficiency in service.