Order by:
Sh.Mohinder Singh Brar, Member
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that complainant had purchased the solar power plan of Ultra Solutions company i.e. Opposite Party No.2 i.e. 5 KVA Solar Energy Board Device Power Plant three phase Goldy Solar SPV Modules for an amount of Rs.2,50,005/- vide invoice no.205 dated 03.03.2022. Opposite Party No.1 has installed the said solar power plant with the assistance of Opposite Party No.2 on the roof of the residence cum hospital of complainant namely Aggarwal Hospital. After the installation, the said solar power plant was working till July, 2022 and was out of work from the month of August, 2022. The complainant visited the office of Opposite Parties no.1 & 2 regarding the non working of the solar plan, but they did not give any satisfactory reply to complainant and totally refused to repair the same, despite of the warranty cum contract cum undertaking. So, in this way the Opposite Parties No.1 & 2 have breached the terms and conditions of the contract cum undertaking. Further alleged that the complainant also checked his electricity bills, from which, it is clearly shown that solar plan did not produce electricity from the month of August, 2022 till today. Further alleged that it is evident from bills dated 24.11.2022, 02.03.2023 and 28.04.2023 that the said solar plan has not export any electricity to Opposite Party No.3 and apart from the above said bills no other bill in between August, 2022 till today were supplied by Opposite Party No.3 to complainant in connivance of Opposite Parties no.1 & 2, in spite of the fact that the said solar plant has not produced and export any electricity to Opposite Party No.3, meaning thereby that said solar plant is out of working from August, 2022. Complainant also served a legal notice dated 28.03.2023 upon the Opposite Parties No.1 & 2, but to no effect. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite parties may be directed to conduct the repair cum service work of the solar power plant in question having electricity connection no.3002917817 and to pay Rs.60,000/- from the month of August, 2022 to May, 2023 (300 days x Rs.200/- per day for 20 units electricity daily) i.e. =Rs.60,000/- for that period in which said Solar Plant has not produced electricity.
If after repairing of the said solar plant, it failed to produce 20 units per day as per guarantee given by Opposite Parties no.1 & 2, then they may be directed to install new solar plant or to refund the amount of Rs.2,50,005/- alongwith interest 18 % p.a. from the date of its payment i.e. 03.03.2022 till its realization.
b) To pay an amount of Rs.1,50,000/- as compensation on account of damages, mental tension and harassment.
c) To pay an amount of Rs.55,000/- as cost of the complaint.
d) To issue necessary direction to Opposite Party No.3 to produce the electricity bills alongwith solar electricity connection having account no.3002917817 from the period 03.03.2022 and to black listing the Opposite Party No.2 for installing bad and poor quality solar plant in the premises of the complainant
e) And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.
2. Upon service of notice, none appeared on behalf of Opposite Parties No.1 & 2, hence Opposite Parties No.1 & 2 were proceeded against exparte.
3. Opposite party No.3 appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the complainant has no right to file such complaint; complainant has not cause of action and locus standi to file the present complaint; the complaint is not maintainable in any manner. On merits, it is submitted that electricity bills were issued to the complainant as per difference between his units of consumption and the units of the electricity generated by the solar power panels installed in the house of the complainant. All other allegation made in the complaint are denied and a prayer for dismissal of the complaint is made.
4. In order to prove his case, the complainant has placed on record his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C12.
5. On the other hand, Opposite Party no.2 has placed on record affidavit of Sh.Baljit Singh Dhillon, Sub-Divisional Engineer, South Sub Division, Moga, PSPCL Ex.OP3/1.
6. We have gone through the documents/affidavits submitted by complainant and Opposite Parties.
7. From the perusal of the record we observed that the complainant purchased 5 KVA Solar Energy Board Device Power Plant three phase with all accessories for an amount of Rs.2,50,005/- vide invoice no.205 dated 03.03.2022 from Opposite Party No.1 (Ex.C3). Ultra Solutions i.e. Opposite Party No.2 also gave warranty on the said equipment vide Ex.C4. Perusal of the copies of bills placed on record by the complainant Ex.C5 to Ex.C6 reveals that the solar plant generated 3300-621= 2679 units from 10.03.2022 to 30.09.2022. It was generated average 400 units per month. After 30.09.2022 as per Ex.C7 & Ex.C8, it stopped generating power. As per Annexure Mark-A Opposite Party No.3 i.e. PSPCL checked the solar meter installed at the premises of the complainant and found that the solar meter is OK, but the solar plant is not generating power and there is a fault in the solar unit. The perusal of the record further reveals that the complainant never made any complaint or correspondence with the Opposite Parties no.1 & 2 for non working of the solar plant except legal notice dated 28.03.2023 (Ex.C10).
8. From the discussion above, we partly allow the complaint of the complainant. The Opposite Party No.3 will calculate the compensation amount by taking the average 400 units per month, as per PSPCL tariff rate applicable to the complainant within 30 days from the receipt of copy of the order and will supply the calculation sheet to Complainant and Opposite Parties No.1 & 2. Thereafter, the Opposite Parties No.1 & 2 will remove the defect in the solar unit installed at the premises of the complainant next within 15 days and will compensate the complainant with cost equivalent to 400 units per month from 01.10.2022 till the removal of the defect in the solar plant in question, if the Opposite Parties No.1 & 2 failed to remove the defect in the solar plant in question, they are liable to refund the amount of the solar plant i.e. Rs.2,50,005/- to complainant, subject to return of the solar plant in question by complainant. In case, Opposite Parties No.1 & 2 failed to comply with the order within the stipulated period, they are further burdened with additional cost of Rs.10,000/-(Rupees Ten Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced on Open Commission