IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 15th day of September, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 60/2022 (filed on 18-03-2022)
Petitioner : Paul Sebastian,
Karottekkunnel,
Kurvavilangad P.O.
Thottuva, Pin -686633
Kottayam.
(Adv. Mani Cyriac)
Vs.
Opposite party : E-mate Technologies,
(E.mate Ocane)
College Road,
Mattoor junction,
Kalady P.O.
Ernakulam – 683574.
O R D E R
Sri. K.M. Anto, Member
The brief of the complainant’s case is as follows.
The complainant invited quotations for installing a solar power plant at the Ayurvedic treatment centre of the complainant. The opposite party had installed a solar power plant having 6800 VA capacity on 23-03-2017. The opposite party promised that the solar plant is having 5 year warranty and they ensure the performance of the plant at regular intervals. The solar plant installed by the opposite party is having the following specifications.
- Vikram Solar Make 2000W (250 W8Nos) Solar PV Module 25 years Power Generation Guarantee against 80% Power output.
- 6.8 KVA Solar PCU (4800 Walts Loading Capacity) Make :okayn, warranty 5 years on site.
- 900 Ah Storage cell (150 Ahx6Nos. Okayn warranty : 5 years replacement.
- SPV connector, Combiner Box, PV structure etc.
Electricity generation per day from solar 8 units (approx.)
Energy storage capacity of Battery9 units (Max)
Loading capacity of PCU4800 walts
Eventhough the opposite party assured to get electricity for the use of lights, fan, TV, fridge, washing machine, sufficient power were not received. There was no reduction in the Electricity bill, The opposite party had promised to inspect the solar plant once in six months, but they have visited only 5 times for inspection. Due to the poor quality of the materials used for the manufacturer of the solar plant, the plant was functioning partially. This fact was intimated to the company, no one from the company visited the plant to do the service. When the opposite party was contacted in 2020 for service, they informed that employees were not available due to Covid. But during 2020 and 2021 upto October, nobody came to give service of the plant. In November, 2021 one battery out of the six was exploded. This matter was intimated to the Company at once. A technician came but not checked the plant and not replaced the battery. Thereafter the opposite party never attends the phone calls from the complainant. A legal notice was served on to the opposite party on 31-12-2021, but no reply was received. The act of the opposite party is unfair trade practice and deficiency in service. Hence this complaint.
On admission of the complaint, copy of the complaint was duly served to the opposite party. The opposite party failed to file their version or to appear before the Commission to defend their case. The opposite party was set exparte.
The complainant filed proof affidavit and marked documents Ext.A1 to A6.
On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether there is deficiency in service or unfair trade practice on the part of the opposite party?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Point No.1 and 2.
Ongoing through the complaint, proof affidavit of the complainant and evidence on record, it is clear that the opposite party had installed a solar power plant at the complainant’s firm on 23-03-2017 having capacity of 6800 VA for an amount of Rs.3,90,000/-. The solar plant was given a warranty for 5 years. In the month of November 2021, one battery exploded and the system failed completely. The matter was intimated to the opposite party but no action was taken to rectify the defects of the plant by the opposite party.
Ext.A1 is the quotation for the solar power plant dated 09-03-2017 for the installation of 6.8 KVA solar power plant for a total amount of Rs.3,90,000,/-. Ext.A2 is the service report dated 23-03-2017 for the installation of the solar power plant with capacity 6800 VA. battery – 6 nos. with 150 Ah capacity and module capacity 250 W, Total 8 nos.
Ext.A3 is the solar power plant warranty agreement issued to the complainant by the opposite party. As per Ext.A3, the Okayn solar PCU / Inverter has warrantee against manufacturing defects of parts and components for a period of 60 months from the date of purchase. 5 years replacement warranty for the 6 nos. OKAYN tubular batteries and 25 years guarantee against 80% power output for the Vikram Solar.
Ext.A4 is the legal notice issued by the complainant dated 31-12-2021 to the opposite party.
From the above discussed evidence, we can see that the Vikaram Solar 8 Nos. 6800 VA Okayn Solar PCU with 4800 capacity and 6 number of Okayn batteries of having 150 Ah as given in the Ext.A1 quotation were installed on 23-03-2017 as per Ext.A2. This established the fact that the Solar Plant was installed for an amount of Rs.3,90,000/-.
One battery of the Solar plant was exploded in the November 2021 and the solar plant became defective. There is no contrary evidence to prove that the solar plant can be repaired. In the absence of any contrary evidence, we came to the conclusion that the solar plant is irreparably defective. The act of the opposite party in not providing quality service as per the given warranty condition is deficiency in service as per Consumer Protection Act, 2019. The Point No.1 and 2 are found in favour of the complainant. The complaint is allowed and we pass the following Orders.
- The opposite party is directed to pay Rs.3,90,000/- to the opposite party within 30 days from the date of receipt of this Order.
- The opposite party is directed to pay Rs.25,000/- as compensation for the mental agony and sufferings with cost Rs.3,000/-
The Order shall be complied within 30 days from the date of receipt of Order. If the Order is not complied as directed, the amount will carry 6% interest per annum from the date of this Order till realization.
Pronounced in the Open Commission on this the 15th day of September, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of proposal for solar power plant
A2 – Service report dtd.23-03-2017 issued by opposite party
A3 – Warranty agreement issued by opposite party
A4 – Copy of lawyers notice dtd.31-12-2021
A5 – Postal receipt
A6 – Postal acknowledgement card
Exhibits marked from the side of opposite party
Nil
By Order
Sd/-
Assistant Registrar
