Punjab

Rupnagar

CC/22/74

Zalim Singh Chauhan - Complainant(s)

Versus

AB Energy Solution pvt ltd - Opp.Party(s)

26 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, RUPNAGAR

                                                                      Complaint Case No. 74 of 23.05.2022

                                                                       Decided on : 26.05.2023

Sh. Zalim Singh Chauhan age about 71 years old S/O Sh. Baldev Chauhan

H.No.-22 J.J Valley , Hussainpur, Ropar ,Punjab 140001                                                                                                                                 ……Complainant

                                                    VERSUS

1. The CEO Mr. Bharat Batra(AB Energy Solution Pvt Ltd) Head Office – SCO No.5 ,New Sabji Mandi Near Bhatha Sahib Ropar, Punjab 140001
2. The CEO Mr. Bharat Batra (AB Energy Solution Pvt Ltd) Booth No. 41 Giani zail Singh Market ,Ropar 140001
3. The CEO Mr. Bharat Batra (AB Energy Solution Pvt Ltd) Booth 99 Giani Zail Singh Market Ropar 140001               
4. Punjab State Energy Development Agency (PEDA) Solar passive complex, Plot No. 1& 2, Sector 33-D ,Chandigarh
5. Punjab State Power Corporation  Limited PSPCL Head office 8CV3+326 ,Patiala Road, PSEB Head Office , The Mall Patiala , Punjab 147001                                                                                                                     ..….Opposite Parties (OP)

(Complaint under the provisions of Consumer Protection Act)

QUORUM:

                   KULJIT SINGH, PRESIDENT

                   RANVIR KAUR, MEMBER

                   

 

ARGUED BY:

 

For complainant:            Sh. S.S. Rattan, Advocate

For OP 1 to 3     :           Sh.Manish Ahuja, Advocate  

For OP 4            :              None

For OP 5            :              Sh. KS Longia Adv.

         

 ORDER

         RANVIR KAUR   RMEMBER

1.  The Complainant respectfully submits the grounds of the complaint as under:-

1. That the Complainant namely Sh. ZALIM SINGH CHAUHAN (AADHAR NUMBER IS - 562195478055) S/O Sh. Baldev Chauhan Resident of H.No. 22 J.J Valley ,Hussainpur, Ropar 140001 .On dated 04^th July, 2019  ordered and purchased a Roof Solar Power System "ON GRID”capacity of 3.00 KW (killo.watt) under a Government Subsidy Program from an opposite party named “Mr. Bharat Batra" company named - AB Energy Solution.
2. that  Sh. Zalim Singh Chauhan issued two Bank cheques and rest of the payment paid in cash in several occasion up to date of finalization of installation of unit until unit started work on grid system .He paid sum  Rs. 1,90,500 in total.I also confirms that personal diary payments records were prepared before he suffer from paralysed and it can not be modified or tempered by him since he cannot write using his right hand anyore. ( call recordings are available to produce it in court. proof of Diary  note has been attached along with this application . Cash/cheque payment details are recorded as following according to my personal diary records:-

 

	PAYMENT METHOD
04 July 2019		RS 57,000/-	STARTED PROCESS
05 July 2019		RS 2,000/-
06August 2019		RS 350/-	MECHANIC /LABOUR
07August 2019		RS 1,10,000/-
10 Sept 2019		RS 1500/-
11 Sept 2019		RS 1700/-	FRIGHTS(FOR EARTH)
13 Sept 2019		RS 300/-
14 Sept 2019		RS 17650/-	SETTLEMENT AMOUNT
	TOTAL PAID	RS 1,90,500/-

 

 

DATE CHEQUE CASED ON	BANK NAME	CHEQUE ISSUED BY	ACCOUNT NUMBER	CHEQUE/REF NUMBER	CHEQUE ISSUED ON NAME OF	AMOUNT	REF. PAGE NO.
04 July, 2019	HDFC	ZALIM CHAUHAN	01611050013106	0000000000000018	AB ENERGY	RS. 57000	12
08 Aug, 2019	HDFC	ZALIM CHAUHAN	01611000065848	0000000000000003	BHARAT BATRA	RS. 1,10,000	15
					TOTAL	RS.1,67,000

 

3. That  Complainant purchased and installed a Roof Solar power plant 3KW "ON GRID" only under Government Subsidy scheme. On Grid Solar System Started at his residency on date 14^th September, 2019 since then seller did not provided any single Invoice or bill, no warranty card for the unit/inverter, seller claims that all unit is under warranty for 5 years from the date of purchase, Seller claims that an inverter manual is an invoice and warranty card. Seller also has given him a false promise - that seller has lodged a subsidy claim with PEDA (Punjab Energy Development Agency) which is under process, subsidy lodged in year 2019 has yet to processed by PEDA, so l/complainant have to wait until
   government pass subsidy claim which will be credited direct in to  complainant  Bank Account.
4.  Complainant’s Son named Mr. Surinder Singh resident at 22 JJ. VALLEY, HUSSAINPUR ROPAR PUNJAB 140001 MOBILE NO. 8847568889 Aadhar card number is – 791083159839 Mr. Surinder Singh has had Chased a Subsidy Status from a Seller ( Mr. Bharat Batra ) and fortunately succeeded in retained a PEDA application.   ( Reference opposite party's text on app number proof has attached along with this application for reference page  no- 25 ).
5.  On 24 January, 2021 Seller Mr. Bharat Batra given another vendor's name and mobile number to my Son to get an update in relation to subsidy claims, another vendor name is Mr. SK Verma (Jai Solar Infra) mobile number - 9855660388.

( whats app chat proof has attached along with is application   page   no-24)

Sometimes seller added sub vendors on phone call conferences for no reason.

(phone call history with Mr. Bharat Batra, reference............ page no- 26

( phone call transcript copy with Mr. Bharat Batra, reference page no- 27-    29)

.................................................. (call.. recordings are available to produce   it in   court).

 vi      A notice was sent by email mentioned that no subsidy would be given to the applicant .    notice was sent to sub vendor's company name probably- "Solar rise power" and his name is - Jai deep,

           He is Mr. Bharat Batra sub-vendor who acted behalf of Surinder’s dad or as a main applicant himself  by filling a PEDA online application who is holding all credentials.
(phone call history with PEDA Staff, reference          Page 30)

 ( phone call transcript     copy with PEDA Staff. Reference    Page 31-32)

 On 25 April,2022 RTI received from the PEDA in which It has clearly mentioned that there is no Subsidy, PEDA has no records of "AB energy solution" and has no another vendor record in  system, (proof of RTI copy has attached along with this application for references page no-33 34)

   vii   That  complainant has become a victim of solar panel "on grid" government subsidy scam.Complainant and his son Mr. Surinder Singh has been harassed by the seller - given false promises, unnecessary conversation, fooling them- telling PEDA has yet to process a subsidy claim,not to provide any correspondence (invoice/bill/warranty card/Specification/Capacity/ service tag number).

Complainant pleads that his money is a hard earn money and have family members to support and pay many bills, He was expecting to use this money(subsidy) for his wife's treatment and medication, pay expenses for her eyes treatment.

 

    viii     Total Sum of Amount paid for a unit Rs 1,90,500.

                    AND

interest on amount from years 2019-2022 (RS 1,90,500.00 6 % /P.A X 3  years ) = RS.  34,290.00

                  AND

         Compensate RS 3,00,000.00 for Cost of suffering/ Phycologlcal harm,  risking health, hassles in vulnerability and for giving hassles to my dependents, also for consequences could cause if Complainant were passed away or after passed away included RS. 6,000.00 litigation charges (RS3,00,000+RS 6000 litigation)= RS 3,06,000.00

            Total requested relief from The Court = (RS. 1,90,500.00 + RS. 34,290.00  + RS 3,06,000.00 )

          = RS 5,30,790 @ 12% per annum till its finalization.

            ( Five Lakh thirty thousand and seven hundred ninety rupees only)

 

ix.   Finally complainant pleads that in the event of no subsidy available from the government than l/Complainant would rather chose Off-Grid or for sure no setup at all.This is not just a dispute of goods, Price and services provided by the firm/seller, but it is also a matter of Law/justice, Tax Contribution to the Nation, respect senior citizen's and their faith – especially the vulnerable. Taking an advantage of Corona Pandemic and someone's naivety, vulnerability and making them fool is neither a good practice nor a humanity. For Mr. Bharat Batra it is only matter of profit but for others could cost lives.

 

2.  Upon notice, the OP has appeared and filed written reply taking preliminary   objections as under:-

           i. That complainant has no cause of action against the
           answering OP’s and present complaint is liable to be
           dismissed on this score also. Moreover the OP no. 1 to 3
           are the same persons.

           ii. That the subsidy is not issued by answering OP or private
          firm on any solar penal and the same is to be applied with
           concerned govt, authorities by the purchasers.

iii. It is pertinent to mention here that the complainant approached  the       answering   OP for    purchase and installation roof solar power system on Grid and at that time  ,the answering OP informed the complainant that answering OP   does not deal with the sale of the solar penal and can install the penal.

iv.   Moreover the answering OP has not sold any solar penal to the complainant and even the subsidy if any is to be applied by the complainant with the concerned Govt, department and private seller and films are not liable or authorized for applying ,issuing and giving any subsidy to any individual.

v.    The  answering OP has not made any fraud with the complainant. Moreover  the    answering OP    has only engaged by the complainant for installation and service of the penal and in that engagement the answering OP has installed the solar penal of the complainant and also made GI structure for the solar penal and also fixed wiring of the solar penal which is a part of the installation and till today there is no complaint of the complainant about the working of the solar penal andthere is no deficiency on the part of the answering OP as the solar penal is running smoothly till today

3. Reply By OP No.4

 I.    That in fact no liability whatsoever, can be attributed towards the answering  OPs/respondent(s),   as Complainant himself is at fault and as such, there is no
privity of contract between the Complainant and the
Answering Respondents. |

II.   That the Govt, of India through Ministry of New &Renewable Energy had launched Jawaharlal Nehru National Solar Mission during 2010-2011, which is a major initiative of the Govt, of India and State Govt’s to promote ecologically sustainable growth while addressing India’s energy security challenge and also as a major contribution by India to the global effort to meet the challenges of climate change. Accordingly, in the year 2014, a scheme by the name of “Off- Grid & Decentralized Solar Applications” was floated by Ministry of New and Renewable Energy during the 12^th Five-year plan and subsequently, under the ibid scheme, operational/necessary guidelines for the implementation of “Grid connected rooftop and small solar power plant Programme were issued by MNRE videNo.30/11/2012-13/NSMdated26.06.2014.Acopy of the ibid scheme is appended here to as Annexure R-1.

 

 III.     State of Punjab had appointed PEDA as the implementing Agency.however it is  a matter of fact that the entire CFA was to be paid by MNRE GOI
being the author of the scheme. It is pertinent here to
mention that MNRI from time to time as per the
prevailing requirement/circumstance had been changing the specification /scheme with regard to Net Metering. It is sufficient to state that at present the implementation of the grid connected solar PV project
under Net Meeting has been transferred to the
Distribution Companies (DISCOM) in the entire country*
by the MNRE and accordingly the programme /schemes
is now being handled by PSPCL.

 

 

IV.       mnre scheme are paid subsidy @ 30% subject to availability of the funds from MNRE. After the installation and commissioning of SPV Power plant, the plant is visited by PEDA Officials along with plant installer to verify that plant is installed as per specifications. Thereafter, the verification report i.e joint commissioning report is forwarded by PEDA toMNRE, GOI for release of subsidy and after scrutinization of the case by MNRE, the same is released by MNRE through PEDA. A copy of the entire process mentioned on the PEDA Net Metering Website is appended hereto as Annexure R-3.

V.   That it is pertinent here to mention while applying for the above mentioned project, the complainant had Been duly informed by the “answering respondent about the unavailability of subsidy/central Financial Assistance from MNRE .GOI while suggesting the complainant to check complainant to check from the website .www. solarpunjab. com for more information regarding availability of the subsidy as the availability/ release of subsidy is totally attributable to MNRE GOI”. A copy of approval form containing the information regarding unavailability of the financial assistance from MNRE,GOI is appended here to as Annexure- R-4.

VI. After the installation and commissioning of SPV Power plant,
the joint verification of the plant has been conducted
and thereafter, along with other documents joint
commissioning report/ verification report shall be
forwarded to MNRE, GOI for release of subsidy. The subsidy as and when received   from MNRE,GOI shall be released to applicant  by  pedA. Therefore, the Answering Respondent to get subsidy released, sends the documents to MNRE. Subsequently, the MNRE after scrutinization of the submitted documents-releases the capital subsidy in the name of the applicant, which is distributed among the beneficiaries accordingly.

VII. In light of the facts and submissions made above, the complaint
 filed by the complainant is false, frivolous and as such not
 maintainable qua the Answering Respondent and thus, deserves
 to be dismissed at the very outset with costs.

     4. Reply By OP No.5

        I. That complainant has no cause of action to file the present complaint against OPNo.5 because application for installation of Solar Roof Top has not been moved to
the OPNo.5rather samehas beenmoved by the complainant before the PEDA as made mentioned in para no.5 of the complaint.

      II.  That an application for the installation of Solar Roof Top was moved before the PEDA and same was forwarded by the PEDA after its approval and was received by OPNo.5 on 20.08.2019. Processing fee of Rs.190/- was deposited on 21.08.2019. After checking and Verification by the Area incharge JE and SDo Incharge, a letter of approval was issued and Solar meter was
installed by OPNo.5 on 04.09.2019.First bill was issued on 12.12.2019. It is
added here that as per allegation made in the complaint the application for installation of Solar Roof Top on Grid was moved before the PEDA, so no subsidy
as claimed  by the  complainant is  payable to   the   complainant  by OP No. 5.

     III..  It is therefore ,prayed that complaint may kindly be dismissed against the answering   OP No.5

 5.    In Support of Complainant ,the complainant has tendered various documents on the other hand ,the OPs also tendered certain documents in support of their version. We have heard the learned counsels for the parties and have gone the record of the file carefully.

 6.  From the perusal of the documents submitted and averments of the complainat. The  relief of the the complainant can be divided into two parts :-

   I.Firstly the allegations of not supplying the invoice documents of solar Instrument/system purchased by the Complainant.

     II. Secondly not providing the subsidy.

   A-   Issue no. 1,not supplying the invoice/ purchase documents by OP no 1(pleaded as no  1 to 3) of solar Instrument/system.

          Now defence taken by the OP in pleadings and evidence is belied by the telephonic and whats app exchange between the parties, proved on record as Ex C-8 to C-13.What emerges from the conversation is that either the solar instrument is sold by the OP no 1(1to3) or it is got purchased from the 3rd party to Complainant by OP no 1(1 to 3).In either case it is the liability of OP no 1(1to 3) to ensure providing of invoice documents to the complainant.On that score OP no 1(1to 3) has failed to provide proper services. Consequently on 1st issue OP no 1(1to 3) is liable to pay Rs. 21000,  as compensation including mental harassment,on account of deficiency in service,Rs 5500 as Litigation expenses.

        B -2nd- Issue of subsidy.This is an issue related to OP nos 4 and 5.

        Pleadings and evidence lead by both of these reveal it to be a fact that application for installation was moved before the PEDA and the same was forwarded by PEDA after approval and was received by OP No 5 on 20.08.2019. After checking and verification, letter of approval was issued and solar meter was installed by OP no 5 on 04.09.2019.

7     Now as regards payment of subsidy OP no. 4 and 5 are playing Shuttle game,with the Complainant.

8     On one side OP no 4,i e PEDA is trying to avoid its liability and claiming that since the year of 2019,the programme/Scheme has been transformed to and is now been handed by PSPCL i e OP no 5.

 9     On the other hand OP no 5 is claiming that as the application for installation of  Solar Roof Top on Grid was moved before PEDA,so no subsidy is payable by OP No 5.

 10      Now the conjoint result of pleadings and evidence lead by OP No 4 and 5,leads that none of them disentitles the Complainant to Subsidy, rather they are trying to shift the burden on each other.

 11    In the light of aforesaid discussion,in the circumstances of the case,they both jointly and severally are held to be liable to process and execute the case of the Complainant to subsidy to its logical ends in reasonable time.The failure of the same will entitle the complainant to enforce his right through further due process of law.

           Announced

           Date:-26.05.2023

 

 

                                                              (Ranvir Kaur )                  (Kuljit Singh)

                                                                Member                             President