Chandigarh

DF-II

CC/690/2022

RENU TAYAL - Complainant(s)

Versus

DIVYA SOLAR POWER AND SOLUTIONS PVT LTD - Opp.Party(s)

RAJIV SHARMA

22 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	690 of 2022
Date  of  Institution	:	27.09.2022
Date   of   Decision	:	22.04.2024

 

 

 

 

 

Dr.Renu Tayal wife of Late Dr.Pradeep Kumar Tayal, aged about 64 years, Resident of House No.201, Sector 35-A, U.T., Chandigarh  

 

             …..Complainant

 

Versus

1]  Divvy Solar Power and Solutions Pvt. Ltd., through its Chief Executive Officer Sh.Dinesh Aneja, #626, First Floor, Near Franco Hotel, Phase-I, SAS Nagar 160055 (Punjab)

2^nd Address:-

    Divvy Solar Power and Solutions Pvt. Ltd., through its    Chief Executive Officer Sh.Dinesh Aneja, Regd. Address Lower Ground Floor, SJ Tower, Sector 13, Tosham Road, Hisar 125005 (Haryana)

2]  Sh.Dinesh Aneja, Chief Executive Officer, Divvy Solar Power and Solutions Pvt. Ltd., #626, First Floor, Near Franco Hotel, Phase-I, SAS Nagar 160055 (Punjab)

3]  Sh.Gaudev Singh, Sale Manager, Divvy Solar Power and Solutions Pvt. Ltd., #626, First Floor, Near Franco Hotel, Phase-I, SAS Nagar 160055 (Punjab)

     ….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Argued by:-     Sh.Rajiv Sharma, Counsel for the complainant Sh.Mukesh Verma, Counsel for OPs.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

         The complainant has filed the present complaint pleading that on being allured by the advertisements of OPs about successfully installing numerous Solar Power Project in Tricity of Chandigarh, she approached them for installation of Solar Power Project at the rooftop of her H.No.201, Sector 35-A, Chandigarh.  It is stated that the official of OPs No.1 & 2 convinced the complainant that they shall install two Solar Power Panels (5 KW Solar Power Panel) at complainant’s house for residence and 5 KW Solar Power Panel for the Nursing Home as well as to install two electricity meters one for the residence and other one for Nursing Home.  The OPs after site inspection conveyed the complainant that total cost of both the Solar Power Panels shall be Rs.5.30 lacs  (Ann.C-1).  Accordingly, the complainant paid Rs.70,000/- to the OPs through cheque on 11.2.2022 and the OPs had ensured the complainant that both the projects shall be installed by 15.3.2022 and Solar Panels shall be working and shall start producing Solar Power.  Thereafter, the complainant paid Rs.3 lacs, through cheque to the OPs on 27.2.2022 (Ann.C-2) and as such paid Rs.3,70,000/- out of total amount of Rs.5,30,000/-.  It is pleaded that however, the OPs sent their men for erecting the Iron Structure for installation of Solar Panels at the rooftop of her residence only after 15.03.2022. It is also pleaded that the complainant noticed that the partial Iron Structure installed by the OPs at rooftop of her house was restricting the way to the Generator installed at the roof top of the house.  The complainant brought this to the notice of the OPs but they did not pay any heed and delayed the work on one pretext or the other.  Ultimately, the complainant sent legal notice to the OPs for refund of amount paid with interest (Ann.C-3).  It is pleaded that the OPs neither installed the Solar panels nor refunded the amount.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund the amount paid with interest, compensation and litigation expenses.

2]      After service of notice upon the OPs, they appeared before this Commission, filed their written version and while admitting the factual matrix of the case the complainant is running a nursing home on the Ground floor of the building and residing on the first floor.  It is stated that OPs were/are always ready to install the solar panels on the roof top of the building and they had already installed iron structure on the roof top of the building. It is also stated that the OP visited the building of the complainant a number of time to check the viability of the iron structure so that the way to the Generator may not be restricted. It is submitted that the complainant herself did not want to continue with the installation of Solar panels and therefore by making vague reasons did not allow the OPs to complete the installation work as whenever they approached the complainant, she did not allow the access to the roof top on the pretext that she is not available as she is busy with her patients. It is also submitted that the workers of the OPs ask for the roof access but the same were denied again and again by saying that she is not available and she is busy with her patients and the workers were time and again asked to come back later. It is pleaded that the Complainant kept on doing the same thing for quite a number of times and every time the workers of the OPs were denied the roof access.  It is also pleaded that even after the legal notice, the OPs requested the complainant a number of times for allowing roof access so that the Installation work of Solar Panels can be completed, but the same was denied. . It is asserted that the OPs had already delivered all the material including Solar Panels, equipment etc. on the roof top of the building where the Complainant is running her nursing home and is also residing. Now only due to the adamant approach of the complainant, the condition of the material including Solar Panels, equipment etc. is getting deteriorated day by day.  It is also asserted that the OPs had shown their willingness to complete the installation process or to refund the entire amount to the complainant despite suffering loss due to installation of material and deterioration thereof and expenses incurred on its purchased, installation etc. but the motive of the complainant was to pressurize the OPs by way of present complaint asking non genuine excess amount. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.

 

3]      Parties led evidence in support of their contentions.

4]       We have heard the Counsel for the parties and have gone through the documents on record.

 

5]       After going through the documents on record as well as pleadings of the parties, it is observed that the complainant admittedly paid an amount of Rs.3,70,000/- to the OPs for installation of Solar Power Plant on the rooftop of her house against total cost of the project to be Rs.5,30,000/-.  It is also observed that undisputedly the Solar Power Plant has not been installed on the rooftop of complainant’s house and only some attachment or iron structure work has been done.  From the written version of the OPs it is clear that they are ready to install the Solar Power Plan at the residence of the complainant or refund the entire amount of Rs.3,70,000/- to the complainant. Taking into consideration the entire facts and circumstances of the case as well as written version of the OPs, it is observed that though the OPs are deficient in rendering service to the complainant yet there is contributory negligence on the part of the complainant that she did not allow free access to rooftop to the OPs for installing the Solar System in time.  Hence, the refund of amount would be justified in favour of the complainant but the complainant is not entitled to any compensation etc. in this regard.

 

6]      In view of the above discussion & findings, the present complaint is partly allowed with directions to the OPs to refund the entire amount of Rs.3,70,000/- to the complainant within 60 days from the date of receipt of certified copy of this order, failing which the OPs shall also pay interest @6% per annum from the date of order till the date of its actual realization.

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

        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced

22.04.2024                                                                          Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER