| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 244 of 5.7.2019 Decided on: 15.10.2020 Gaurav Gupta son of Sh.Dhiraj Gupta, resident of H.No.1329, Guru Nanak Nagar, Patiala. …………...Complainant Versus - LBWS Pvt. Limited, Plot No.192, Sector 82, ALPL Industrial Area, Mohali, through its Director.
- First Choice Enterprises, Located at SCO 11,First Floor, near State Bank of India, Lower Mall, Patiala.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY D.S.Majhail,counsel for the complainant. OPs Ex-parte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Gaurav Gupta (hereinafter referred to as the complainant) against LBWS and another (hereinafter referred to as the OP/s).
- The brief facts of the case are that the complainant with the intention to install the solar system at his house contact the OPs. On asking that how much units of electricity will be produced by installation of solar system, it was replied by the OPs that one KW of Solar Panel will give 5 units of electricity facility. On the assurance given by the OPs, the complainant requested OPs to install 5 KW of Solar System at his residence which may give 25 units of electricity per day and deposited Rs.1,50,000/- with them on 1.8.2018 through cheque i.e. fifty percent of the settled amount for installation of Solar Plant Project. The OPs assured the complainant that the same will be installed within one month but the same was not installed inspite of the fact that the agreement for installation of Roop Top Solar Project was executed between the parties on 1.8.2018.The complainant requested several times to the OPs for installation of Solar Project or to refund the amount received from him.
- It is averred that the OPs felt sorry and gave post dated cheque of Rs.1,50,000/- dated 16.10.2018 with the assurance that if during that time Solar Project is not installed the complainant can present cheque and can get the amount recovered.
- It is further averred that Solar Project was got installed by the complainant in the month of January,2019 but it was not installed properly as low quality material was used by the OPs. It even did not function properly as instead of producing 25 units of electricity facility it gave only 5 units to 7 units .The complainant approached the OPs for the rectification of the same but they did not hear the complainant. The complainant requested the OPs to refund the amount received from him but the OPs did not adhere to the request of the complainant and rather they assured to repair the project so that it may work properly and asked the complainant to write a letter to the Director of the Company.The complainant wrote letter to the Director of the company but to no effect.
- It is averred that now the Solar Project installed at the premises of the complainant is lying closed. Thus the act and conduct of the OPs caused mental harassment and agony to the complainant. There is thus deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint with the prayer for giving direction to the OPs to refund the amount of Rs.1,50,000 alongwith interest from 16.10.2018 till realization alongwith damages of Rs.5 lacs with costs of this complaint.
- Notice of the complaint was given to the OPs but the same was not served. Ultimately notice was given through publication in Daily Chardikala, Patiala. But the OPs did not come present and were consequently proceeded against ex-parte.
- In support of the complaint, the complainant tendered in evidence Ex.CA affidavit of the complainant alongwith document Ex.C1 copy of agreement and closed the evidence.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- In un-rebutted evidence the complainant has tendered his affidavit, Ex.CA and has deposed as per his complaint. He has also stated that he requested the OPs so many times for the good quality of the material for which they charged or to refund the amount but they did not listen.
- It is clear that the defective solar system was installed by the OPs and no efforts were made by the OPs to rectify the same despite of the many requests made by the complainant.
- Due to our above discussion, the complaint stands allowed and the OPs are directed to refund the amount of Rs.1,50,000/- to the complainant alongwith interest @6% per annum from the date of filing of the complaint i.e.5.7.2019 till realization. The OPs are also directed to pay Rs.5000/-as damages to the complainant.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:15.10.2020 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
