DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 531/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
HARIPAL S/o SH. RAMESH CHANDER,
R/o H. No.553, VILLAGE KANJHAWALA,
BEHIND STATE BANK OF INDIA,
DELHI-110081.… COMPLAINANT
Versus
K-POWER SOLUTIONS,
U-160, SHOP No.3, KHASRA No.140,
UPADHYAY BLK, SHAKARPUR,
NEAR LAXMI NAGAR METRO STATION,
DELHI EAST, NEW DELHI-110092. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 05.07.2017
Date of decision:07.11.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 therebyalleging that the complainant enquired at India Mart to purchase 1 KW solar panel system and the complainant received calls from many companies
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and he selected Solar Panel of OP with respect to the price and guarantee and Mr. Mukesh Sharma owner of OP sent quotation including price, guarantee, name of panel approved from MNRE and the next day Mr. Mukesh Sharma telephoned to the complainant and asked to pay full price before installation of Solar Panel. Thereupon, the complainant informed him that he has only Rs.10,000/- at that time and thereupon Mr. Mukesh Sharma told the complainant that he will start the work and before installation of Solar Panel System the complainant was requested to deposit the balance amount in Oriental Bank account of OP. The complainant further alleged that on 05.06.2017 he called OP at this residence and paid him Rs.10,000/- in cash and thereupon OP issued a rough receipt at e-mail address of the complainant regarding terms & conditions of purchase of Solar Panel System of 1 KW and mentioning receipt of advance amount of Rs.10,000/-. OP on the same date sent his bank account details to the complainant on his e-mail address and requested the complainant to deposit the balance amount of Rs.33,000/- in his bank account so that OP can sent Solar Panel System to the address of the complainant on 07.06.2017. The complainant further alleged that OP has specifically told him that the Solar Panel System is MNRE approved and will issued the certificate and its Yellow Star Panel has guarantee of 25 years and the complainant will get the receipt of
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Rs.43,300/- with 5 % VAT. The complainant further alleged that OP took Rs.33,300/- from him on 07.06.2017 and issued him a receipt on a plain paper of receiving full & final payment and assured the complainant to install the Solar Panel System the next date. On the next day, OP demanded time of one more day and again demanded time of 1 more day. The complainant further alleged that however OP came to his residence to install Solar Panel System and remained unsuccessful in installing the system till 9 PM and left with assurance to come the next day. But OP came to the place of the complainant on 3rd day and Solar Panel System was made operational and for which OP took some items from the complainant and assured the complainant to pay for the price of the said items but did not pay. The complainant further alleged that in the evening, there was electricity failure on the portion of Solar Panel and OP refused to come the house of the complainant for repair and asked the complainant to exchange black and red wires or to arrange a local mechanic. The complainant further alleged that he arranged a local mechanic and paid a Rs.500/- for repair of the same and after 4-5 days a representative of UTL company came. The complainant further alleged that the nuts of the Solar Panel System installed on the roof are not tightened and there is every apprehension that the Solar panel System shall be damaged on high winds and further alleged that OP while installing the Solar Panel System had caused 6 unnecessary holes in the roof and said
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holes are not filled by the cement by OP despite assurance was given by OP earlier. The complainant further alleged that OP has not given MNRE approved certificate, out dated controller has been installed instead of advanced controller, instead of Yellow Star, Brad Power Solar Panel has been installed and final bill not given by OP and as such there is deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint praying for directions to OP for direction to removed the Brad Power Panel from Yellow Star Panel, fixing of structure on the roof in a proper manner, issuance of MNRE certificate, issuance of 25 years guarantee card and has also sought compensation of Rs.5,00,000/- for causing him mental pain, agony, damages and harassment and has also sought cost of litigation.
3. Notice was issued to OP through speed post for appearance on 21.09.2017 and notice to OP has been delivered on 20.07.2017 as per track report. But none for OP appeared on 21.09.2017 and as such OP has been proceeded ex-parte vide order dated 21.09.2017.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of quotation for installation of 1 KW system of grid through mail dated 05.06.2017, copies of e-mail communications between the parties, copies of bills for installation of Solar Panel System of Rs.43,300/- & Rs.43,800/- issued by OP and copies of photographs (black-white) of the Solar Panel System.
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5. This forum has considered the case of the complainant in the lightof evidence and documents placed on record by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, even after receiving notice of case from the Forum, OP has kept mum and has not bothered to answer the case. It seems that OP has no defence at all.
6. Thus, the case of the complainant is proved. We accordingly hold OP guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.43,300/- being price charged by OP from the complainant for installation of Solar Panel System on return of disputed product to avoid further litigation.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
8. The above amount shall be paid by OP to the complainant within 30days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 5% perannum from the date of receiving copy of this order till the date of payment. If OPfails to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 7th day of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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