DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 43 of 9.2.2021

                                      Decided on: 15.7.2024

Krishan Singh aged about 51 years s/o Sh.Piara Singh R/o Dardi colony, Near Namkeen Factory, Samana, Tehsil Samana, District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Bhartya Furniture Industries, Patiala Gate, Nabha, Tehsil Nabha, District Patiala, through its Proprietor/Owner Sh.C.M.Singh.
2. Sh.C.M.Singh, C/o Bhartya Furniture Industries, Patiala Gate, Nabha, Tehsil Nabha, District Patiala.
3. Electrotherm (India) Ltd., A-1 Skylark Appartment, Satellite Road, Satellite, Ahmedabad-380015 through its Managing Director/Chairman.
4. Electrotherm (India) Ltd., A-1 Skylark Apartment, Satellite Road, Satellite, Ahmedabad-380015 through its Manager/Sector Manager.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Ms.Gagandeep Gosal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY              

                                      Sh.Gurdhian Singh, counsel for complainant.

                                      Opposite parties No.1&2 ex-parte.

 ORDER

                                      G.S.NAGI, MEMBER

1. The instant complaint is filed by Krishan Singh (hereinafter referred to as the complainant) against Bhartya Furniture Industries and others (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. It is averred in the complaint that the complainant purchased solar panels of 100 watts vide bill No.1787 dated 2.4.2015 and vide bill No.1815 dated 15.7.2015 for an amount of Rs.22000/-each from OPs No.1&2 being the authorized dealers and C&F of OPs No.3&4 supplied 8 panels of 100 watt each of their company i.e. Electrotherm (India) Ltd.with the guarantee of 25 years.
3. That the complainants used the said panels for about 5 years after which they developed a snag. Complainant approached OPs for several times but every time they put off the matter on one pretext or the other and failed to replace the defective solar panels .Complainant also got served a legal notice upon the OPs in this regard through his counsel but of no avail .Hence this complaint with the prayer to accept the same by giving direction to the OPs to replace the defective solar panels; to make payment of the amount so received by the OPs i.e. Rs.44000/- alongwith interest @18% till realization; to pay Rs.5,00,000/- for causing harassment and mental agony to the complainant and also to pay Rs.11000/- on account of litigation expenses.
4. Notice of the complaint was given to OPs No.1&2 only through registered post which was received back unserved. On furnishing the correct address of OPs No.1&2 notice was again issued through registered post which was neither received back unserved nor OPs made presence to contest the case and were accordingly proceeded against ex-parte vide order dated  22.9.2021.
5. In exparte evidence, ld.counsel for the complainant has tendered affidavit,Ex.CA of the complainant alongwith documents, Ex.C1 copy of Aadhar card of the complainant,Ex.C2 copy of bill dated 2.4.2015,Ex.C3 copy of bill dated 15.7.2015,Ex.C4 copy of legal notice and closed the evidence.
6. We have heard the ld.counsel for the complainant and have also gone through the record of the case, carefully.
7. The complainant had purchased four pieces of solar panels of 100 watt each for a consideration of Rs.22000/- vide invoice dated 2.4.2015, as per Ex.C3 from OP No.1. The complainant had also purchased another set of four pieces of solar panels of 100watt each for a consideration of Rs.22000/- vide invoice no.1815 dated 15.7.2015,Ex.C4. The said solar panels were Electrotherm which was being supplied by OPs no.3&4. A warranty/guarantee of 25 years was given by the OPs for the said panels as per the invoices Exs.C3&C4.
8. The complainant has alleged that the panels were used by him for around five years and after it these penals developed snag. The complainant then approached the OPs for the repair/replacement of panels as the panels were covered under warranty/guarantee of 25 years. However, no action was taken by the OPs. A legal notice,Ex.C5 was then served  by the complainant  on OPs No.1&2. However nothing fruitful came out of it. The complainant then approached this Commission for redressal of his grievances and has prayed for the refund of the invoices amount alongwith interest , compensation of Rs.5lacs alongwith litigation expenses of Rs.11000/-.
9. We have gone through the documents produced by the complainant. As per the invoices the complainant had purchased four solar panels on 2.4.2015 for Rs.22000/- and another four panels on 15.7.2015 for Rs.22000/-.These invoices specified that the panels were covered under warranty/guarantee of 25 years.The panels became defective  and matter was duly reported to OPs No.1&2. Legal notice was also served upon them vide Ex.C5. However, the warranty/guarantee was not honored by the OPs leading to mental agony and harassment of the complainant. We are of the opinion that unfair trade practice has been adopted by the OPs No.1&2.It is also a fact that the complainant had already used these panels for a period of 5 years from the date of purchase of the panels.
10. We accordingly partly allow the complaint and direct the OPs No.1&2 to refund 80% of the invoices amount i.e. Rs.17600/-each with interest @6% per annum from the date of filing of this complaint i.e.9.2.2021 till realization. The OPs are free to take possession of the solar panels back at their own cost on compliance of the order within a period of 45 days from the date of receipt of certified copy of this order.  
11.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                       Gagandeep Gosal

                                              Member                          President