Punjab

Barnala

CC/89/2023

Davinder Singh - Complainant(s)

Versus

Bharat Solor Trading Co - Opp.Party(s)

Amandeep Singh Bahia

23 Feb 2024

ORDER

Heading1
Heading2
 
Complaint Case No. CC/89/2023
( Date of Filing : 26 Jul 2023 )
 
1. Davinder Singh
aged about 45 years S/o Darbara Singh R/o Pakho Ke District Barnala
Barnala
Punjab
...........Complainant(s)
Versus
1. Bharat Solor Trading Co
Branch Office Gidderbaha District Mukatsar Sahib through its Prop/partner/authroized signatory
2. Gurpreet Singh
Prop/partner/authorzed signatory Bharat Solor Trading Co, Branch Office Gidderbaha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sh.Jot Naranjan Singh Gill PRESIDENT
 HON'BLE MRS. Urmila Kumari MEMBER
 
PRESENT:
 
Dated : 23 Feb 2024
Final Order / Judgement
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
 
Complaint Case No : CC/89/2023
Date of Institution   : 26.07.2023
Date of Decision    : 23.02.2024
Davinder Singh age 45 years son of Sh. Darbara Singh resident of Pakho Ke, District Barnala, Punjab.        
                          …Complainant Versus
1. Bharat Solar Trading Company, Branch Office, Gidderbaha, District Sri Muktsar Sahib through its Proprietor/Partner/Authorized Signatory Gurpreet Singh (Mobile No. +91-62808-05991; +91-95179-32544).
2. Gurpreet Singh, Proprietor/Partner/Authorized Signatory, Bharat Solar Trading Company, Branch Office, Gidderbaha, District Sri Muktsar Sahib.    
                         …Opposite Parties
 
Complaint Under Section 35 of Consumer Protection Act, 2019.
Present: Sh. Amandeep Singh Bahia counsel for complainant.
Opposite parties No. 1 & 2 exparte.
Quorum:-
1. Sh. Jot Naranjan Singh Gill : President
2.Smt. Urmila Kumari : Member
 
ORDER 
JOT NARANJAN SINGH GILL, PRESIDENT
The complainant namely Davinder Singh has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Bharat Solar Trading Company and others (hereinafter referred as opposite parties).  
2. The facts leading to the present complaint are that the opposite party No. 2 is in the business of selling of Solar Motor systems and is running its business in the name & style of Bhart Solar Tradinig Company, Branch Office, Gidderbaha, District Sri Muktsar Sahib. It is alleged that the complainant was intended to get install a solar motor system at his fields and the agent of the opposite parties visited the complainant and allured the complainant that opposite parties are in the business of installing of solar motor and further assured the complainant of their best services. It is further alleged that on the assurance of opposite parties the complainant agreed to get installed the solar motor system at his fields at Village Phakho Ke, District Barnala. The total amount of Rs. 2,20,000/- was settled for the installation of said solar motor system in which the opposite parties agreed to provide 24 Panels, 3 Stand, 1 Starter and out of the said settled amount the opposite parties received an amount of Rs. 50,000/- as advance from the complainant on 10.5.2023 vide receipt No. 352 and the opposite parties assured the complainant that the opposite parties will install the solar motor system within the period of one week. The complainant had already purchased a motor 7.5 HP for the amount of Rs. 38,500/- on 18.5.2023, Pipes amounting to Rs. 9,900/-, Bricks amounting to Rs. 5,200/-, Cement, Reta, crushed stone amounting to Rs. 2710/-, totaling to Rs. 56,310/- plus labour expenses of approximately Rs. 2,000/-, but till date the opposite parties have not installed the solar motor system in the fields of the complainant. It is further alleged that after waiting a period of one week the complainant contacted the opposite parties and requested for the installation of solar motor system but the opposite parties linger on the matter on one pretext or the other and till today did not redress the grievance of the complainant and has not installed solar system at the fields of complainant, but only 3 pillars are only installed there. The complainant got served a legal notice dated 29.5.2023 upon the opposite parties through counsel Sh. Dharminder Singh Dhaliwal Advocate, but the opposite parties did not reply the same which clearly shows the malafide intention of the opposite parties and the same amounts to deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 
i) To install the solar system of the complainant at the fields of the complainant. 
ii) Further, to pay the amount of Rs. 50,000/- for causing physical pain, mental agony, inconvenience and financial loss and Rs. 20,000/- as litigation expenses.   
3. Notice was sent to the opposite parties No. 1 & 2 but they failed to appear and were proceeded against exparte vide order dated 11.9.2023.  
4. To prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of receipt Ex.C-2, copy of bill dated 18.5.2023 Ex.C-3, copy of bill dated 16.5.2023 Ex.C-4, copy of bill dated 12.5.2023 Ex.C-5, copy of bill dated 11.5.2023 Ex.C-6, copy of legal notice Ex.C-7, postal receipts are Ex.C-8 & Ex.C-9, registered envelops are Ex.C-10 & Ex.C-11 and closed the evidence. 
5. We have heard the learned counsel for the complainant and have gone through the record on file. Written arguments filed by the complainant.
6. In order to prove his case, the complainant has placed on record his detailed affidavit Ex.C-1, vide which he reiterated the averments as mentioned in the complaint. He has further placed on record copy of receipt of opposite party No. 1 No. 352 dated 10.5.2023 Ex.C-2, which shows the total amount of Rs. 2,20,000/-, advance Rs. 50,000/- and balance Rs. 1,70,000/-. The complainant further placed on record copy of bill dated 18.5.2023 Ex.C-3, which shows that the complainant has purchased Submersible Pump 7.5 HP for an amount of Rs. 38,500/- from Prem Tubewell & Mill Store Barnala. Complainant also placed on record copy of bill dated 16.5.2023 Ex.C-4, which shows that the complainant has purchased Pipes for an amount of Rs. 9,900/- from Bansal Cement & Iron Store Barnala. Further, placed on record copy of bill dated 12.5.2023 Ex.C-5, which shows that the complainant has purchased cement, reta and bazri (crushed stone) for an amount of Rs. 2,710/- from Dashmesh Cement Store Pakho Kanchia. Further, placed on record copy of bill dated 11.5.2023 Ex.C-6, which shows that the complainant has purchased Bricks for an amount of Rs. 5,200/- from Ganesh B.K.O. Barnala. Ex.C-7 is the legal notice sent to opposite parties by the complainant. Ex.C-8 & Ex.C-9 are the postal receipts. Further, Ex.C-10 & Ex.C-11 are the envelops. 
7. So, from the perusal of file it is established that the complainant intended to install a solar motor system in his fields and in this regard a settlement has been made between the complainant and the opposite parties for a total amount of Rs. 2,20,000/- and out of which the complainant has paid Rs. 50,000/- as advance to the opposite parties and Rs. 1,70,000/- was balance and this fact was proved from receipt dated 10.5.2023 Ex.C-2 of the opposite parties. Further, it is also proved from the file that for the installation of above said solar motor system in  his fields the complainant has purchased the other materials i.e. a motor of 7.5 HP, Pipes, Bricks, Cement, Reta and crushed stone which was proved from Ex.C-3 to Ex.C-6. However, on the other hand, as no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the contents of the complaint, which are un-rebutted. Hence, the opposite parties are liable for the deficiency in services.
8. As a result of the above discussion, the present complaint is partly allowed against the opposite parties No. 1 & 2 and the opposite parties No. 1 & 2 are directed to install the above said solar motor system in the fields of complainant or to refund the amount of Rs. 50,000/-, which was received by the opposite parties as advance to the complainant alongwith interest @ 7% per annum from the date of filing of the present complaint to the complainant till its realization. The opposite parties No. 1 & 2 are also directed to pay the amount of Rs. 7,500/- as consolidated amount of compensation and litigation expenses to the complainant.  
9. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order.
10. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 
ANNOUNCED IN THE OPEN COMMISSION:
       23rd Day of February, 2024
 
            (Jot Naranjan Singh Gill)
            President
 
(Urmila Kumari)
Member
 
 
 
 
[HON'BLE MR. Sh.Jot Naranjan Singh Gill]
PRESIDENT
 
 
[HON'BLE MRS. Urmila Kumari]
MEMBER
 

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