SRI GOPAL KRISHNA RATH, HON’BLE PRESIDENT …                      The case in brief is that, the complainant being an unemployed and for his livelihood running an internet shop at miriganguda at his own house. Due to frequent interruption of electricity the complainant purchased Solar power pack 1 kwp along with battery, charge controller, inverter, module mounting structure etc, from the OP for his internet business agreeing with Rs.1,93,750/- as per quotation and paid advance Rs.75000/- through cheque vide cheque no.000012 dt.02.07.2014. By receiving advance the OP installed the said solar power pack to the house of complainant on 18.7.14 and the same day he further received Rs.1,16,000/- from complainant vide cheque no.000013 & 000014 dt.18.7.14. After some months of its use the solar power pack reported problems and became defunct. Hence inflicting losses in business the complainant approached the OP for several times for its repair, however the OP deputed his technician once in the month of May,2015, for which it was well functioned for a few hours and persists the same problems as it was in previous. Hence he again approached the OP requesting to replace the solar set with a new one but though the OP assured to do the same but for no action despite of several correspondences. So the complainant contends that, the OP provides him a substandard solar power pack, hence he sustained heavy losses in his business and at the time of rendering service the OP abstained for the same, hence he contends that there is deficiency in service by the OP. Hence he prayed before the forum to direct the OP to pay the cost of solar pack Rs.1,91,000/- , and Rs.1,00,000/- for compensation and Rs.5,000/- for cost of litigation.

            The complainant has filed copy of invoices, money receipts and an affidavit in support of his claim.

2.         The OP though entered his appearance on dt.12.06.2017 but did not cared to file his counter in the case despite allowing a number of chances since 07 months of consecutive adjudication, hence the OP declared ex parte and the forum decided to proceed the matter as evidences available in record on merit.

3.         It reveals from the record that, the complainant being an educated unemployed running his internet business at his house and inflicting electricity fluctuations he preferred to install solar power pack to back up his day to day business, hence approached the OP for the installation solar power pack by paying a total Rs.1,91,000/- through cheque, but after passing some months the solar pack did not back up to his internet business as per assurance of OP. So he approached the OP requesting to repair or replace the entire solar set, but after number of approaches the OP depute his mechanic who though repair the same but it was worked only for a few hours and became total unfucntioned. Further the complainant approached the OP for necessary repair or replace the same with a new set but all his efforts became futile.

4.         On ascertaining the whole transactions it is seen that in spite of service notice of this forum and getting chances for long 07 months, the OP showing his adamant did not cared to settle the matter of complainant. No doubt the OP is doing his business in Koraput District, but provides and installed solar power pack components stretching Nabarangpur District and gains monetary benefits, hence the forum has absolute jurisdiction to try the case. It is also pertinent to mention here that, the actual cause of action arouse in the month of May'2015 when the mechanic tried to rectify the solar pack and the complainant approached this forum in March'2017 i.e. within two years, hence the case is within prescribed limitation period of two years. From the entire pros and cons of the case we found deficiency in service on the part of OP.s and for which negligent act the complainant harassed a lot which could not be evaluated in terms of money, hence the complainant is entitled for compensatory relief. However we allow the complaint against the OP with cost.

                                                                        ORDER

i.          The OP is hereby directed to pay the cost of alleged Solar Power Pack i.e. Rs.1,91,000/-(Rupees One lakh & Ninety one thousand) in replacement of the defective Solar Power Pack  along with Rs.20,000/-(Twenty thousand only) for compensation and Rs.5,000/- (five thousand) as the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days from the date of receipt of this order, failing which, the award amount shall carry 12% interest per annum till its realization. Order pronounced in the open forum on this the 18th day of Oct' 2017.

     SD/-                                           SD/-                                                    SD/-

  MEMBER                                MEMBER                                   PRESIDENT,DCDRF,

(Sri R.S.Nayak)                       (Smt M.Padhi)                                   (Sri G.K.Rath)