D.O.F:10/06/2022
D.O.O:15/12/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.118/2022
Dated this, the 15th day of December 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Kadavath Balakrishna Panicker,
Kadavath House,
P.O.Thuruthi : Complainant
Cheruvathur,
Kasaragod
And
Corporate Office
Soura Natural Energy Solutions Pvt Ltd,
1st Floor, SNDP Building, : Opposite Party
Chirangara, Koratty,
Thrissure,
Kerala 680808
ORDER
SMT.BEENA.K.G : MEMBER
The brief fact of the case is that:-
The Complainant had given Rs.45, 000/- to the national energy solution power project company on 07/04/2022 for construction of solar plant at 40% subsidy through KSEB solar project. The opposite party assured that within 15 days of collecting the amount, they will fix the panel. But even after 8 months of payment, the opposite party not fixed the panel. Not attending the phone calls of complainant. The complainant alleges deficiency in service and unfair trade practice on the part of the opposite party and prayers to refund the amount of Rs.45,000/- with compensation and cost.
Notice of opposite party served but they did not appear before the commission, name of Opposite Party called, absent set exparte.
The complainant filed proof affidavit in lieu of chief examination the documents produced are marked as Ext.A1 and A2.
Heard the complainant, the issues raised for consideration are :-
- Whether there is deficiency in service / unfair trade practice on the part of Opposite Party?
- Whether the complainant for entitled for relief?
- If so what is the relief?
Introduced for constructing solar plant at 40% subsidy against the power tariff hike. Attracted by the advantages of the aforesaid project the complainant paid half of the amount of two kilo watt Electric Power of Rs.45,000/- on 07/04/2022 through a cheque to opposite party. The offer of opposite party was that they will fix the panel within 15 days after collecting the amount. The complainant has produced bank statement, Ext.A1 to prove the payment of 45,000/-to opposite party. Ext.A2 is the brochure of opposite party. After receiving the money opposite party failed to comply the promise which amounts to unfair trade practice and deficiency in service. The issue No;1 found in favor of the complainant. The complainant was doing fish business, he spent a huge amount expecting to fix solar panel within 15 days of payment. But even after 8 months of payment opposite party failed to fix the solar panel which caused huge loss and mental agony to the complainant, which is to be compensated. Hence complainant is entitled for relief.
The prayer of the complainant is to refund the amount with compensation and cost. As per Ext.A1 document complainant had paid Rs.45,000/- to the opposite party on 07/04/2022. As the opposite party failed to comply they promise we holds that complainant is entitled to get refund of the amount Rs.45,000/- with compensation and cost.
Therefore complaint is allowed, directing opposite party to refund Rs.45,000/- (Rupees Forty five Thousand only) with a compensation of Rs.10,000/- (Rupees Ten Thousand only) and the cost of Rs.3,000/- (Rupees Three Thousand only).
The time for compliance is 30 days from the receipt of the copy of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1: Bank Statement.
A2: Brochure of Opposite Party.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
