Complainant Balbir Singh vide the present complaint U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short the Act) for issuance of the necessary directions to the opposite party to repair or replace the solar inverter, solar panel and batteries without charging any amount and he may be compensated with suitable compensation also due to the mental harassment and agony as this Hon’ble Forum deems fit, in the interest of justice.
2. The case of the complainant in brief is that the opposite party is running a shop of Eco World Solar at Pathankot and he came in contact with them and the opposite party allured him to install the solar Hybrid Inverter including Solar Panels and solar batteries in his house. As per the assurance of the opposite party he purchased one Solar Hybrid Inverter of 5 KVA 72V including 12 Pcs 315W 12V Solar panels and 6 Pcs of solar batteries for Rs.3,98,000/- on 11.2.2016. Thus he is consumer of the opposite party. He has next pleaded that after about three months from the date of its purchase the Solar Inverter stopped working and a complaint was lodged with the opposite party but the opposite party instead of removing the defect lingered on the matter on one pretext or the other and did not remove the defect in the inverter till date. Its warranty was 5 years and the installed solar inverter is within warranty period. The opposite party told him that it will install the solar panel of 315W but it came to his notice that it had installed Solar penal of 250W instead of 315W. Thus the opposite party had committed fraud with him. He had paid the amount of 315W. He has further pleaded that due to defect in the solar inverter he has suffered mentally and economically very much. Thus, there is deficiency in service on the part of the opposite party. He visited the office of the opposite party and requested to replace the solar inverter alongwith solar panels as per their commitments but all in vain. He sent a registered notice dated 27.2.2018 to the opposite party for replacement of the solar inverter alongwith batteries and solar panels and compensate him but the opposite party inspite of knowledge did not turn up. Hence this complaint.
3. Notice of the complaint issued to the opposite party was not received back. Case called several times but none had come present on its behalf, therefore, it was proceeded against exparte vide order dated 20.7.2018.
4. In exparte evidence, complainant has tendered into evidence his own affidavit Ex.CW1/A, along with the other documents exhibited as Ex. C1 to Ex.C4 and closed the evidence.
5. We have carefully gone through the exparte pleadings of counsel for the complainant; arguments advanced by his respective counsel and have also appreciated the evidence and written arguments produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.
6. Ex.C-1 is the copy of the Invoice, whereby the complainant purchased Solar Hybrid Inverter of 5 KVA 72V including 12 Pcs 315W 12V Solar panels and 6 Pcs of solar batteries for a sum of Rs.3,98,000/- from the opposite parties on 11.2.2016. Ex.C-2 is the purchase order wherein it is specifically mentioned that the SOLAR PANEL (25 year performance warranty) 315W- 45 VOC SOLAR OFF GRID INVERTER PCU 5KVA (5 year warranty). It is the case of the complainant that the opposite party was to install the solar panel of 315W but instead of installing 315W Solar Panel, opposite parties installed 250W Solar Panel. The complainant had got installed the Solar Inverter for getting free electricity but due to the defect in the Solar Inverter the complainant suffered mentally as well as economically. Hence, the complainant approached the opposite party and requested it to replace the Solar Inverter alongwith Solar Panels but the opposite party kept on lingering on the matter on the pretext or the other. Ex.C-4 is the legal notice dated 27.2.2019 sent by the complainant to the opposite party.
7. In the present case, the complainant purchased the Solar Hybrid Inverter on 11.2.2016 which was under 5years warranty. After a period of 3 months of the said purchase, the Solar Inverter stopped working and the complainant lodged a complaint with the opposite party and also sent a legal notice to the opposite party on 27.2.2018 but the opposite party failed to redress the grievance of the complainant. All the more, the opposite party had to install Solar Panels of 315W but it installed the Solar Panels of 250W whereas the complainant had paid the price of 315W Solar Panels which is very much evident from Ex.C-1. After spending a huge amount on the Solar Hybrid Inverter and Panels, the complainant was unable to avail its benefit. Such an act on the part of the opposite party amounted to unfair trade practice as well as deficiency in service on the part of the opposite party as the defect occurred during the warranty period the opposite party failed to rectify the defects. Moreover, failure on the part of the opposite party to contest the claim of the complainant shows indifferent attitude of the opposite party to redress the grievance of the complainant.
8. In view of the aforesaid discussion, we partly allow the complaint with the direction to the opposite party to replace the Solar Inverter, Solar Panel and Batteries with a new Solar Hybrid Inverter 5 KVA 72V including 12 Pcs 315W 12V Solar panels and 6 pcs of Luminous Solar Battery with requisite warranty. Opposite party is also directed to pay a sum of Rs.20,000/- as compensation for harassment undergone by complainant alongwith a sum of Rs.5,000/- as litigation expenses. . Opposite party to make the compliance within a period of 30 days of the receipt of copy of the order, failing which opposite party will be liable to pay the interest @ 6% per annum from the date of order.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Neelam Gupta)
President
Announced: (Harvimal Dogra)
March 5, 2021 Member
*MK*
