Jammu and Kashmir

Jammu

CC/65/2017

ROHIT GUPTA - Complainant(s)

Versus

KOSAL HIMARUT ENERGIES - Opp.Party(s)

RAJAT GUPTA

03 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                  63/DFJ           

 Date of  Institution        26-05-2017

 Date of Decision             10 -08-2018

Rohit Gupta,

S/O Late Sh.Jia Lal Gupta,

R/O 101 A/D Gandhi Nagar,

Jammu.

                                                                                                                                                Complainant

                V/S

Kosol Himarut Energies Pvt.Ltd.

193 Kalthia House Satyagrah Chhavni,

Opp.Iscon Mall,S.G.Highway,

Ahmedabad-380015,Gujarat.

                                                                                                                                                Opposite party

CORAM

                  Khalil Choudhary             (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                                Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

 Mr.Rajat Gupta,Advocate for complainant, present.

Mr.Akash Kotwal,Advocate for OP,present.

 

 

                                                ORDER

                                Shorn of unnecessary details, facts relevant for the disposal of complaint on hand are that OP approached M/S Sunny Solar and insisted him to install solar water heater being provided by OP and further told him that as the Ministry of New and Renewable Energy is providing subsidy for the same and the complainant made up his mind and purchased four solar water heaters for his house ,the total cost of which was Rs.3,12,000 and the subsidy provided by the Ministry of New and Renewable Energy was Rs.1,77,156,as such complainant paid Rs.1,34,844 to OP but the bill was not provided by the OP .According to complainant his name was being duly reflected in the list of beneficiaries on the website of Ministry of New and Renewable Energy for the financial year 2013-14 which substantiates the fact that the complainant has purchased said solar water heaters from the OP and his name is figuring at Serial No.83(copy of same is annexed as Annexure-A).Complainant further submitted that the op installed solat water geysers in his house in the month of August September,2012,but after eight months of the installation the solar water geyser starting leaking,complainant telephonically called up OP to visit his house and remove the defect in the solar water geyser.That the technical person of the OP visited his house and after a thorough check up assured him that the defect in the solar heater has been removed and the complainant shall not face any problem in future(copy of photographs of solar water geyser are annexed as Annexure-B).Further allegation of complainant is that after few months the solar heater once again started leaking, he again telephonically called up the OP and concerned person of OP visited his house and after a thorough check up told him that the valves of the solar units have to be replaced for which he had to pay Rs.2400/-per unit, but at the time of installation of solar water geyser he was assured by the O that service charges shall be charged by OP,but he was told that he had to bear the cost of the valves, accordingly he paid Rs.14,400/ as the cost of six valves. Complainant further submitted that after few months the solar water geyser installed by OP again started leaking, he again called up OP,but to the utter dismay, the Op outrightly refused to entertain his grievance, complainant kept on approaching OP and even visited the local dealer sunny solar but he was told that the office of sunny solar has been permanently closed. Further allegation of complainant is that on,10-10-2015 the solar water geyser installed by the Op completely broke down, he again telephonically called up the OP to visit his house and look into the matter and find out the reason as to why the solar water heater installed OP has broke down, but OP refused to redress his grievance. Complainant repeatedly approached OP through mails, but OP did not pay any heed to the request of complainant and this act of OP constitutes deficiency in service and unfair trade practice. Hence the present complaint. In the final analysis, complainant prays for refund of Rs.1,34,844/ alongwith interest @ 18%per annum being the value of the defect intercom system plus Rs.14,400/-as cost of valves and in addition also prays for compensation of Rs1.50 lacs including litigation charges.

                       Notice alongwith copy of complaint was sent to OP through registered cover. Perusal of delivery report transpires that Op was served duly on,02-06-2017,whereas,OP filed written version on,18-08-2017,i.e. much later than the statutory period of 45 days, therefore, in view of judgment of Honble Supreme Court passed in New India Assurance Co.Ltd.V/S Hilli Multi Purpose Cold Storage AIR 2016 SC 86,the written version filed by OP rejected vide order dated,05-02-2018..

             Complainant adduced evidence by way of duly sworn evidence affidavit and affidavits of Shivani Gupta and Vishal Gupta,respectively. Complainant has placed on record copy of list of beneficiaries who availed subsidy from Ministry of New and Renewable Energy, copies of photographs of Solar Water Geyser and copies of mails.

We have perused case file and heard L/Cs for the parties at length.

                                Briefly stated case of complainant is that OP approached M/S Sunny Solar and insisted him to install solar water heater being provided by OP and further told him that as the Ministry of New and Renewable Energy is providing subsidy for the same and the complainant made up his mind and purchased four solar water heaters for his house ,the total cost of which was Rs.3,12,000/-and the subsidy provided by the Ministry of New and Renewable Energy was Rs.1,77,156 ,as such complainant paid Rs.1,34,844/to OP,but the bill was not provided by the OP .According to complainant his name was being duly reflected in the list of beneficiaries on the website of Ministry of New and Renewable Energy for the financial year 2013-14 which substantiates the fact that the complainant has purchased said solar water heaters from the OP and his name is figuring at Serial No.83.Complainant further submitted that the op installed solat water geysers in his house in the month of August/September,2012,but after eight months of the installation the solar water geyser starting leaking, complainant telephonically called up OP to visit his house and remove the defect in the solar water geyser. That the technical person of the OP visited his house and after a thorough check up assured him that the defect in the solar heater has been removed and the complainant shall not face any problem in future. Further allegation of complainant is that after few months the solar heater once again started leaking, he again telephonically called up the OP and concerned person of OP visited his house and after a thorough check up told him that the valves of the solar units have to be replaced for which he had to pay Rs.2400/-per unit, but at the time of installation of solar water geyser he was assured by the O that service charges shall be charged by OP,but he was told that he had to bear the cost of the valves, accordingly he paid Rs.14,400/as the cost of six valves. Complainant further submitted that after few months the solar water geyser installed by OP again started leaking, he again called up OP,but to the utter dismay, the Op out rightly refused to entertain his grievance, complainant kept on approaching OP and even visited the local dealer sunny solar but he was told that the office of sunny solar has been permanently closed. Further allegation of complainant is that on,10-10-2015 the solar water geyser installed by the Op completely broke down, he again telephonically called up the OP to visit his house and look into the matter and find out the reason as to why the solar water heater installed OP has broke down, but OP refused to redress his grievance. Complainant repeatedly approached OP through mails, but OP did not pay any heed to the request of complainant and this act of OP constitutes deficiency in service and unfair trade practice.

                         The complainant in his affidavit and affidavits of Shivani Gupta and Vishal Gupta,respectively have supported the averments of the complaint. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own affidavit and affidavits of Shivani Gupta and Vishal Gupta,respectively, so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments contained in complaint. This is a case of deficiency in service. The OP despite service of notice, sent by the Forum through registered cover has not taken any action to file written version within statutory period of 45 days, so the written version filed by OP cannot be considered. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act, 1987, which provides that in a case, where the OP omits or fails to take any action to represent their case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OP omits or fails to taken any action to represent the case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                    In addition complainant has also supported the allegations contained in the complaint by duly sworn his own affidavit and affidavits of Shivani Gupta and Vishal Gupta,respectively, which are corroborative of the facts contained in the complaint. Therefore, in the light of unrebutted averments contained in the complaint and documents on record, we are of the opinion that complainant successfully made out a case of deficiency in service by OP.

                           After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2(d) of Consumer Protection Act and OP is the service provider having failed in its statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of their grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                     Therefore, in view of the foregoing reasons the complaint filed by the complainant for redressal of his grievance is allowed and OP is directed to refund the amount of Rs.1,34,844/ being the value of defective intercom system plus Rs.14,400 as the cost of six valves)  to the complainant. The complainant is also entitled to compensation of Rs.10,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.10,000/-.The OP shall comply the order within one month from the date of receipt of this order. Copy of this order be provided to both the parties free of costs. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                              Khalil Choudhary

                                                                         (Distt.& Sessions Judge)

Announced                                                              President

10-08-2018                                                      District Consumer Forum

Agreed by                                                                Jammu.

 

Ms.Vijay Angral          

        Member