Chandigarh

DF-II

CC/90/2020

Lt. General Harwant Singh (Retd.) - Complainant(s)

Versus

CREST - Opp.Party(s)

Advocate Mohan Singh Ghuman

26 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	90 of 2020
Date  of  Institution	:	05.02.2020
Date   of   Decision	:	26.07.2024

 

 

 

 

 

Lt. General Harwant Singh (Retd.), R/o H.No.1709, Sector 33-D, Chandigarh

.... Complainant

VERSUS

1]  CREST through its Project Director Pareabhawan (First Floor), Sector 19, Chandigarh

2]  Mahira Stores through its Proprietor/Manager, D-124, Industrial Area, Phase-7, Mohali 160055

2^nd Address:- Mahira Stores, through its Proprietor Varun Kumar, C/o Crest, Pareabhawan (First Floor), Sector 19, Chandigarh

.....Opposite Parties

 

BEFORE:      MR.AMRINDER SINGH SIDHU,  PRESIDENT

                            MR.B.M.SHARMA             MEMBER

 

 

Present:-       Sh.Mohan Singh Ghuman, Counsel for the complainant.

Sh.Kumar Nikshep, Counsel for Op No.1 (Through V.C.)

OP No.2 Exparte.

 

 

PER B. M. SHARMA, MEMBER

1]      The complainant has filed the present complaint pleading that in response to the order issued by Chandigarh Administration vide No.CHD/0131/2015-17 for the installation of Solar Power Plant by 17.5.2018 (Ann.C-1), the complainant availed the services of OP No.2, being an approved & authorized agency of OP No.1, for the said purpose.  Accordingly, a Purchase Order dated 03.3.2018 was placed with OP No.2 for installation of 3 KWP SPV Solar Power Plant at his house for a total consideration of Rs.1,80,000/-. The complainant initially paid advance amount of Rs.20,000/- to the OP No.2 for installation of Solar Power Plant.  However, the OP No.2 did not start the work.  Thereafter, as per demand of OP No.2, the complainant paid another amount of Rs.2,00,000/- to the OP No.2 through cheque (Ann.C-5 & C-6).  It is submitted that firstly the OP No.2 had charged excess amount of Rs.40,000/- from the complainant for installation of said solar plant against the purchase order of Rs.1,80,000/- and secondly they delayed the work on one pretext or the other and completed only in Oct., 2018  (Ann.C-7).  It is pleaded that the complainant has requested the OPs No.1 & 2 a number of time to refund the excess charged amount of Rs.40,000/- to him.  It is also pleaded that though OP No.1-CREST also directed the OP No.2 to refund the excess charged amount to the complainant vide email dated 04.11.2019 (Ann.C-9) but still the OP No.2 failed to refund the same.  Hence, the present complaint has been filed alleging the said act of non-refund of over charged amount by OP No.2 as deficiency in service and unfair trade practice, which caused harassment, agony and loss to the complainant.

 

2]      The OP No.1-CREST has filed written version and while admitting the factual matrix of the case, stated that OP No.2 got empanelled with it. It is stated that on inspecting various sites those were facilitated by OP No.2, the OP No.1 came to know that OP No.2 had been over charging than approved rates and delaying the installation of Solar Power Plants at various places in Chandigarh and accordingly, a Circular dated 16.1.2019 followed by Show Cause Notices dated 2.5.2019 & 17.2.2020 was issued to OP No.2 and thereafter, the OP No.2 was ultimately blacklisted by answering OP vide office order dated 29.1.2021 for violating terms, conditions and guidelines agreed upon (Ann.R-1/5 to R-1/8).  It is submitted that OP No.2 had charged extra amount from the complainant as the Op No.2 was not at all entitled to charge more than L1 rate and in the present case, the L1 rate of the Op No.2 was Rs.61,000/- per KWP and the complainant had installed solar plant of 3 KWP, thus, a total amount which became payable by the complainant comes to Rs.1,83,000/- only and anything charged by OP No.2 above Rs.1,83,000/- is totally illegal. It is also submitted that OP No.1 did its best which could be done. It is further submitted that subsidy has already been released to the complainant.  Denying other allegations, the OP No.1 has prayed for dismissal of the complaint qua it. 

        The Opposite Party No.2 – Mahira Stores did not appear despite service of notice, hence it was proceeded against exparte vide order dated 24.11.2022.

 

3]      Parties led evidence in support of their contentions.

4]      We have heard the ld.Counsel for the contesting parties and have gone through the documents on record including written submissions.

5]      The thorough perusal of the record and pleadings of the parties reveals that the main grouse of the complainant is about overcharging of amount by OP No.2 towards installation of Solar Power Plant at his residence against the rates fixed by OP No.1.  The OP No.1-CREST, who authorized & approved OP NO.2, for installation Solar Power Plan in question, itself submitted in its written reply/version that anything charged by OPNo.2 above Rs.1,83,000/- is illegal.  It is also stated by OP No.2 that it had directed OP No.2 to refund the excess charged amount to the complainant and when it failed, the OP No.2 was blacklisted by it.  Ann.C-9, an email dated 04.11.2019 sent by OP No.1 – CREST to OP No.2 proves that the OP No.2 had charged Rs.2,20,920/- against the rate of Rs.1,83,000/- from the complainant and in this way an excess amount of Rs.37,920/- has been charged by OP No.2 illegally from the complainant and OP No.2 has been directed to refund the same to the complainant. Therefore, it is established that OP No.2 had charged excess amount of Rs.37,920/- from the complainant for installation of Solar Power Plan. Therefore, it is held that OP No.2 by charging excess amount from the complainant indulged into unfair trade practice and also remained deficient in their service.

6]      Further, the OP No.2 did not appear to contest the case and preferred to proceed against ex-parte, which shows that the OP No.2 has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant qua OP No.2 have gone unrebutted & un-controverted.

7]      Taking into consideration the above discussion & findings, the present complaint deserves to succeed against the OP No.2.  Accordingly, the present complaint is Partly allowed against OP No.2. The OP No.2 is directed to refund an amount of Rs.37,920/- to the complainant along with interest @10% p.a. from 04.11.2019 (Ann.C-9) till its actual payment to the complainant as well as to pay lumpsum amount of Rs.10,000/- towards compensation for the harassment, mental agony and litigation expenses.

        The above said order shall be complied with by the OPs within a period of 45 days from the date of receipt of copy of this order.

 

8]      The complaint qua OP No.1 stands dismissed. 

 

9]      The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.   

Announced

26.07.2024                                                                    

                                                                             Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER

Om