Date of filing:-11/12/2020 11/12/2020. Date of Order:-25/04/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H.
Consumer Complaint No. 100 of 2020.
Belal Sen Saraf, S/o. Kamal Lochan Saraf, aged about 59 years, R/o. Ward No.9, Bandutikra, P.o. Bargarh, Ps. Bargarh (Town), Dist. Bargarh (Odisha), Pin. 768028.
Complainant.
V e r s u s
Dharitri Solar (P) Ltd through its Director Mr. Sambhu Roy, Ward No.16, Near Gurudwara Chowk, Po. Bargarh, Ps. Bargarh (Town), Dist.Bargarh (Odisha) Pin 768028, presently known as Kisan Agro, Near Car Bazar, At. Nagenpali Chowk, Po. Bargarh, Ps. Bargarh (Town) Dist. Bargarh (Odisha), Pin 768028.
Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri Pradeep Kumar Mahapatra and Associates.
For the Opposite Party :- :- Sri S.C. Sarangi, Advocate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.25/04/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The case of the Complainant is that the Complainant on Dt. 13/12/2017 made payment of Rs. 1,45,000/-(Rupees one lakh forty five thousand)only to the Opposite Party towards the cost of one solar system transferred through NEFT and the said amount has been debited from the account No. 3649059525 of the Complainant retained in central bank of India, Bargarh branch. After a week of payment made by the Complainant the Opposite Party installed in the farm house of the Complainant one complete set of Solar System consisting of six numbers of Solar panels, one inverter and two number of batteries interalia other equipment. The batteries are of Green Bolt make bear Nos 30031806F79628 and 30031806F70122. After installation of the solar power system the Complainant approached the Opposite Party several times to provide bill and warranty card but the Opposite Party did not provide the bill and warranty card. On the last week of October 2020 the Solar System gave trouble and the water pump to which electricity was connected from the solar power system did not run. The Complainant informed the Opposite party and requested for repairing of the same. The Opposite Party remained silent. After repeated request on the last part of the first week of November 2020 the Opposite Party deputed their personnel to the farm house for repairing of the solar power system. The personnel deputed by the Opposite Party after check up by him informed the Complainant that the batteries are out of order and need replacement. On second week of November 2020 the Complainant submitted the batteries to the Opposite Party but this time also the Opposite Party did not provide any receipt to the Complainant for the batteries received. The Opposite Party consoled the Complainant to replace the batteries with new one as soon as possible if the old batteries are found defective. Since then the Opposite party remained silent. The Opposite Party neither replace the batteries with new one nor repair the solar system of the Complainat, which amounts to deficiency in service of the Opposite Party. Hence the Complainant filed this case before this Commission.
- The Case of the Opposite Party is that the Opposite Party Dharitri Solar Private Ltd, filed its version on 21/03/2023. The Opposite Party admitted that the Complainant made payment of Rs. 1,45,000/-(Rupees one lakh forty five thousand)only to the Opposite Party towards the cost of one solar system transfer through NEFT. The Opposite Party further admitted that Six number of solar panel, one inverter and two number of batteries are installed by the Opposite Party and the batteries are of green bold make bear nos 30031806F79628 and 3003180670122. The Opposite Party prayed for dismissal of the case as the Complainant did not submit warranty card.
- Perused the records and it reveals that the Complainant paid Rs. 1,45,000/-(Rupees one lakh forty five thousand)only to the Opposite Party for Solar system. The Opposite Party in its version submitted that the batteries have warranty of 24 to 60 months. But no documents was filed by the Opposite Party. According to the submission of Opposite Party the batteries have 24 to 60 month warranty. The Batteries occurred defect on 3rd year of purchase. It means the batteries were within the warranty period. It is the duty of the Opposite Party to replace the batteries when it was within warranty period. But the Opposite Party is taking plea to avoid his liability. Again the Opposite Party admit the payment, but did not produce bill and warranty card to the Complainant, which is a gross negligence on the part of the Opposite Party. The Opposite Party also did not submit the duplicate bill in the court. The Opposite Party wants to suppress the fact and accordingly deficient in its service. As per supra discussion the following order is passed.
O R D E R
The Complaint is allowed on contest against the Opposite Party. The Opposite party is directed to replace the defective batteries. Further the Opposite Party is directed to pay Rs. 50,000/-(Rupees fifty thousand)only compensation for harassment and mental agony and Rs. 10,000/-(Rupees ten thousand)only for litigation expences within one month of this order. Failing which the entire amount will carry 12% intrest P.A. till realization.
Order pronounced in open court on this 25th day of April 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.25/04/2023 Dt.25/04/2023
M e m b e r (w) P r e s i d e n t.
