Orissa

Sambalpur

CC/44/2022

Samir Mahapatra - Complainant(s)

Versus

1. Proprietor m/S. Laxmi Solar, Bhupinder Electronics, - Opp.Party(s)

Sri. Samir Mahapatra

21 Nov 2022

ORDER

PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 44/2022

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Samir Mahapatra, ,

S/o-Late Naresh Mahapatra

R/O-Tapaswini Bhawan, At-Deheripali,

Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004, Odisha.                                  ...………..Complainant

Versus

1. Proprietor m/S. Laxmi Solar, Bhupinder Electronics,

Represented through Pawandeep Singh Gulati,

Shop No. 5A, S.R.-34, Opp Shop No. 588,

Old Lajpai Rai Market, Chandi Chowk, Delhi-110006.

2. M/S RIVIGO, Represent Through Deepak Garg is the founder, CEO and pilot at Rivigo Services Pvt. Ltd. Plot No. 90,

Sector 44, Gurugram,122003, Haryana , India    .…………...Opp.Parties

Counsels:-

1. For the Complainant                   :-         Sri. S.Mahapatra, Advocate
2. For the O.P.No.1                                      :-         Ex-parte
3. For the O.P. No.2                                    :-         Sri. M.K. Panchabihar, Advocate

Date of Filing:20.06.2022,Date of Hearing :XXXX, Date of Judgement : 21.11.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Brief fact of the Complainant is that the Complainant is for interrupted power supply in his home contracted with OP No. 1 for installation of Mono solar panels in his house. The Complainant paid Rs. 20,000/- towards cost of Mono solar panel 12V/200WT, four numbers and the OP No. 1 granted receipt No. 053 dtd. 22.04.2022. The OP NO.1 sent the product through the OP NO. 2, the consignors, whose duty was to deliver the product in the residenece of the Complainant safely and intact. The OP No. 2 dispatched the consignment to the Complainant on 22.04.2022 and was to receive the balance amount of Rs. 15,400/- after safe delivery. The OP No. 2 on 01.05.2022 sent a message that the product shall be delivered soon to the Complainant. On 06.02.2022, the OP NO. 2 brought for delivery of the product and it was found that the panels are damaged. Immediately the Complainant mailed to the OP No. 2 about the damaged product. Along with mail, the photographs of the damaged product were also sent. On the same day and on 07.05.2022 the OP No. 2 sent two mail to provide certain information. By the time the Complainant had returned the consignment product to the delivery personnel paying Rs. 100/- but no any receipt was granted. The Complainant sent a reply mail to the OP No.2 on 07.05.2022 about damaged product. Through telephonic discussion the OPs were requested to supply the product at an early date but the OP No. 2 again on 25.05.2022 issued a mail to supply images of each panel separately although earlier it was provided. Again on 26.05.2022 the Complainant sent the images separately. The OP No. 2 only made correspondence but did not take any steps for solving the problem. The OP No. 1 replied that the product is not covered under warranty vide mail dtd. 25.05.2022. When no any steps were taken by the OPs, the Complainant on 26.05.2022 gave a mail to the OPs to take Redressal before the court.
2. The O.Ps are set expartee.
3. From the above it is found that the Ops have supplied damaged product to the Complainant without warranty. So there is deficiency on the part of the O.Ps.  Accordingly the case is disposed of with direction.
6698606.  

It is ordered that the Complaint Petition filed by the Complainant is allowed on merit. The O.Ps  are directed to install the solar panel without any delay . The O.Ps are further directed to pay Rs. 50,000/- toward compensation to the Complainant and Rs. 10,000/- towards cost of the proceeding within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 21^st day of Nov, 2022.

Free copies of this order to the parties are supplied.