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J.M.MALIK, S.M.KANTIKAR
KOTO TRADE AND SERVICES (P) LTD. – Appellant
Versus
B. D. GUPTA – Respondent


Advocates Appeared:
Mr. N.C. Agrawal, M.D, for the Appellant; Mr. Vikrant Gambhir, Advocate, for the Respondent

ORDER

Dr. S.M. Kantikar, Member -The Complainant Mr. B.D. Gupta had purchased a solar water heater system from Mr. Anil Kumar Singh, Manager, Koto Trade and Services Pvt. Ltd., Dehradun the Opposite Party No. 1. It was installed in his house on 10.2.2010 and there was a warranty of one year. He had spent Rs. 18,750 for the purchase of Solar water heater, plus Rs. 9,600 for installation, total being a sum of Rs. 28,350. However, in the month of May, 2010, the tank of the solar water heater system started leaking from various points. To repair the defect of the tank, the OP-1 sent his employee to the complainant's house, but the employee damaged the insulation of the tank, while examining it and told the Complainant that he cannot repair the tank. After this, the Complainant contacted OP No. -1 and also the Director, Koto House, the OP.-2, who always assured him that the defect will be removed and, in case the defect is not removed, they will replace the solar water heater system. The Complainant furnished a written complaint to OP-1, on 16.6.2010, but of no result. Ultimately, the Complainant purchased a new solar water heater system for Rs. 27,000 and spent an amount of Rs. 2,000 on

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