Haryana

Panchkula

CC/423/2021

TARUN VASHIST - Complainant(s)

Versus

COSMIC SENCE M& S(P) LTD. - Opp.Party(s)

VINOD SHARMA & NITIN SHARMA

10 Apr 2023

ORDER

    BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

Tarun Vashist aged about 43 years son of B.L.Vashist # 174, Sector-10, Panchkula-134113.

                                                                           ….Complainant

Versus

1.     Cosmic Sence M & S(P) Ltd. 128 B Industrial Area, Arjaheri,      Karnal-132001.

2.     FIMER India Pvt. Ltd., Registered office and operational HQ,      Survey No.88/3-88/6, Basavana Halli, Kasaba Hobli, Nelamangala     Taluk, Bengaluru, Karnataka-562123, India.                                                                                                                                                                                                                                                 ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

Before:              Sh.Satpal, President.

Dr.Sushma Garg, Member

Dr.Barhm Parkash Yadav, Member.

For the Parties:   Sh. Nitin Sharma, Advocate for the complainant.

                        OPs No.1 & 2 already ex-parte vide order dated 06.12.2021.

ORDER

(Satpal, President)

1.             Brief facts, as alleged in the present complaint, are that the complainant had bought a Solar Power Plant from Cosmic Sence M & SP Ltd. 128B, Industrial area, Arjaheru, Karnal i.e. Opposite party no. 1 hereinafter referred to as OP No.1; the cost of Solar Power plant was Rs.7,81,200/-, which was paid through cheque. The said Solar Power Plant had capacity of 12KWP and warranty for five years from the date of commissioning, with 5 years AMC/CMC of complete system Grid tie and with the warranty of Modules for their output peak watt capacity. It is stated that the complainant had informed the OP No.1 that the inverter of the Solar Power Plant had got burnt and defected as its main board had got burnt. The complaint was lodged on the e-mail ID th July till 4^th Sept. 2021 i.e. for 62 days and caused loss of Rs.25,000/- to the complainant. It is submitted that the complainant has been harassed as his unit amounting nearby 8 lakhs stopped working due to inverter being damaged as it was connected with the whole unit. Due to the deficient services rendered by the OPs, the complainant had to buy a new inverter by paying a sum of Rs.80,600/-. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notices were issued to the OPs No.1 & 2 through registered post, which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 & 2; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by this Commission vide its order dated 06.12.2021.

3.             To prove the case, the ld. counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-11 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file including written arguments filed by the complainant, minutely and carefully.

5.             During arguments, the Ld. Counsel for the Complainant reiterating the averments as made in the complaint as also in the affidavit Annexure C-A contended that the inverter had become defective during the warranty period and thus, there was no justification on the part of the OP No. 2 to raise the demand of Rs. 56,876/- vide bill Annexure C-6 as repair charges qua the inverter. It is contended that the OPs were deficient while rendering services to the Complainant and thus, prayer has been made for acceptance of the complaint by granting the relief as claimed for in the complaint.               

6.                The OP No.1 & 2 have preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, they were proceeded ex-parte vide order dated 06.12.2021 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             It is evident as per warranty/guarantee and declaration Certificate dated 08.03.2018 issued by the OP No. 1 that the solar system comprising of solar panel and inverter was installed at the residence of the Complainant on 08.03.2018 and the same had a warranty of 5 years. The complaint lodged with the OP No. 2 qua defective inverter is evident from the reply received by the Complainant as per mail dated 16.07.2021 i.e. Annexure C-3. As per service report Annexure C-4 prepared by the technician, namely, Ashish on 20.07.2021, it is clear that the inverter had become defective during the warranty period. Though, said technician had remarked vide said service report i.e. Annexure C-4 that the internal components of the inverter were not covered under warranty but the same does not appear to be correct and justified in view of the fact that the inverter is a part of the solar system, having a warranty of 5 years as per warranty certificate i.e. Annexure C-2. Moreover, the contentions of the Complainant qua the defect in the inverter having arisen during warranty of the inverter, are uncontroverted and unrebutted. In view of these facts, the demand raised by the OP No. 2 qua repair of the inverter amounting to Rs. 56,876/- vide Annexure C-6 during the warranty period was not fair, valid and justified. Therefore, the OPs have been found deficient while rendering services to the Complainant for which they are liable, jointly and severally, to compensate him.

 8.            Coming to relief, it is found that the Complainant has incurred the following expenses on account of deficient services rendered by the OPs:-

1.  Expenses amounting to Rs.80,600/- vide bills i.e. Annexure C-10 and Annexure C-10(Colly) pertaining to purchase of a new inverter.
2. Transportation charges amounting to Rs. 700/- vide receipt i.e. Annexure C-5.
3. Loss of Rs.17,556/-(Rs.17,615/-vide electricity bill dated 20.09.2021 minus Rs.59/- vide electricity bill dated 10.05.2021) incurred on account of electricity consumption during the period of the non-functioning of the Solar system. 9.In addition to above, the complainant is also entitled to be compensated on account of mental agony, physical harassment and litigation charges.

10.            As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs No.1 & 2:-

1. To pay a sum of Rs.98,856/-i.e. Rs.80,600/-plus Rs. 700/- plus Rs. 17,556/- as discussed in preceding Para, to the complainant, along with interest @ 9% per annum(S.I.) w.e.f. the date of filing of the complaint till its realization. 
2. To pay an amount of Rs.10,000/- to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/- as cost of litigation charges.

11.            The OPs No. 1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No. 1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No. 1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on:10.04.2023

        Dr.Barhm Parkash Yadav      Dr.Sushma Garg          Satpal

                        Member                     Member             President

Note: Each and every page of this order has been duly signed by me.

                                               Satpal

                                         President