Haryana

Kurukshetra

CC/19/2020

Kewal Singh - Complainant(s)

Versus

Akshay Premium Solar - Opp.Party(s)

In person

16 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL COMMISSION, KURUKSHETRA.

                                                     Complaint Case No.19 of 2020

                                                     Date of institution: 15.01.2020

                                                     Date of decision:16.03.2022.

                         

Kewal Singh son of Sh.Pritam Singh resident of House No.36, D.D.Colony, Kheri Markanda, Kurukshetra.

                                                                …Complainant.

                        Versus

1.Akshay Premium Solar, Amin Road, Kurukshetra through its Manager, Prop./Authorized Signatory.

2.Solaz Power Solar Inverter, Sector 91, Noida through its Proprietor/Managing Director/Authorized Signatory..

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh.  Issam Singh Sagwal, Member.

       

Present:     Complainant in person.

                OPs ex parte.

 

ORDER

                This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by complainant Kewal Singh   against  Akshay Premium, the opposite parties.

 

2.            It is stated in the complaint that the complainant got installed  3 KW Solar plant on grid rooftop SPV 5 KW  Inverter Solax and other installations earthling wiring, MCB  having 5 years AMC and warranty /guarantee from the Ops on the top of his house on 23.2.2017. The warranty/guarantee of the inverter solax and other installations earthing, wiring MCB are 5 years and warranty/guarantee of solar panels are for 30 years. The said solar plant started its function on 2.5.2017 but a few days after the installation, the said solar plant started giving problems due to non functioning  of  its earthling system. The complainant approached the OP and the Ops send engineer to correct the same but the said defect could not be removed properly and it again became out of order.  So the  complainant again and again approached the Ops to rectify the defect but since 2017 the said solar plant is not working properly. Due to said earthling problem inverter is not  working and became totally damaged and it is not in functioning order since 2.12.2019 and the Ops have failed to rectify the problem, therefore, there is deficiency in services on the part of the Ops. Thus, the complainant  has filed the present complaint alleging deficiency in services and has prayed that Ops be directed to replace the said solar inverter alongwith its system  and to pay the compensation of Rs.60,000/- alongwith litigation expenses.

 

3.             Notice of the complaint was given to the Ops.  OP No.1 failed to appear and contest the case, therefore, the OP No.1 was proceeded against ex parte vide order dated 7.09.2021.

 

4.             The OP No.2 also failed to appear and contest the case. Therefore, the OP No.2 was also proceeded against ex parte vide order dated  28.2.2020.

 

5.             The complainant in support of his case has filed his affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-10 and closed his evidence.

 

6.             We have heard the learned counsel for the  complainant and have gone through the case file very carefully.

 

7.             As per the complainant 3 KW Solar plant on grid rooftop SPV 5 KW  Inverter Solax and other installations earthling wiring, MCB  having 5 years AMC and warranty /guarantee from the Ops on the top of his house on 23.2.2017. The warranty/guarantee of the inverter solax and other installations earthling, wiring MCB are 5 years and warranty/guarantee of solar panels are for 30 years. It is further the case of the complainant that the  said solar plant started its function on 2.5.2017 but a few days after the installation, the said solar plant started giving problems due to non functioning  of  its earthling system. The complainant approached the OP and the Ops send engineer to correct the same but the said defect could not be removed properly and it again became out of order.  So the complainant again and again approached the Ops to rectify the defect but since 2017 the said solar plant is not working properly. Due to said earthling problem inverter is not working and became totally damaged and it is not in functioning order since 2.12.2019 despite the fact that the said solar system was having five years warranty as  per warranty certificates Ex.C2 to Ex.C4 out of which Ex,C-4 is AMC (Annual Maintenance Contract) but the Ops failed to repair the solar system of the complainant.

8.             In this case, Ops were duly served but failed to appear and contest the case. Therefore, Ops were proceeded against ex-pate. As there is nothing on record to rebut the above version of the complainant, therefore, version of the complainant completely goes unrebutted and unchallenged. However, the complainant has placed on record bill dated 10.11.2020 for Rs.11,300/- to show that he has spent Rs.11300/- and get the solar repaired despite five years warrant and AMC.  Therefore, there is deficiency in services on the part of the Ops for not repairing the solar system of the complainant and the complainant is entitled to  payment of Rs.11,300/- from the Ops. Besides this, the complainant had to pay the electricity bill of Rs.4317.00 Ex.C-9 due to non working of the solar system. Therefore, the complainant is also entitled to refund of Rs.4317.00 from the Ops.

 

9.             In view of our above findings and observations, we accept the present complaint and direct the Ops to make the payment of Rs.11,300/- to the complainant. The Ops shall also pay a sum of Rs.4317/- to the complainant on account of electricity charges payment.  The Ops are further directed to make the payment of compensation ofRs.2000/- for the mental harassment and agony caused to him. The Ops shall make the compliance of this order within a period of 30 days from the date of receipt of the copy of this order failing which the complainant shall be at liberty to initiate proceedings u/s 25/27 of the Consumer Protection Act. Certified copies of this order be supplied to the parties concerned and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated: 16.03.2022.                                                      President.

 

                                Member             Member.