Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
31stday of August 2022
CC 502/18 filed on 18/09/18
Complainant : Satheesan.K.G., S/o Govindan,
Kunnathuparambil House,
Olakkuda Road, Kanimangalam,
Thrissur.
(By Adv. A.D.Benny, Thrissur)
Opposite Parties : 1. Luminous Power Techlologies Pvt.Ltd.,
Rep.by Managing Director,
Door No.35/2203 B, Pipeline Road,
Thammanam, Cochin- 682 032.
2. Manager, Anert,
Ayyanthole, Thrissur-3
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
The Complainant purchased a 1 KW solar power generator on 07.06.13 for Rs.1,86,129/- manufactured by opposite party1 under the project issued by opposite party2. The generator commissioned and installed on 28.08.13. Warranty of 5 years for battery and 25years for the solar unit was provided and an amount of Rs.1,00,000/- received as subsidy for the same. The system is not working since 05.06.17 and repeated demands to repair it turned futile. Since the act amounts to deficiency in service, a lawyer notice dated 23.06.18 was sent to the opposite party and same yielded no result. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Points for consideration
1) Whether there is any deficiency of service on the part of opposite
party or not.
2) Relief and cost
4) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Exts. P1 to P3. Ext. P1 is the copy Invoice dated. 07.06.13 issued by opposite party; Ext. P2 is the Lawyer notice with postal receipt dated 23.06.2018; Ext. P3 is the acknowledgment card.
5) The case of complainant purchased a 1KW solar power generator manufactured by opposite party1. We have gone through the documents and pleading. Ext. P1 prove the purchase of solar power generator. The commissioner appointed and report filed. Report marked as Ext.C1. Expert commissioner categorically reported that the system is in defective condition. The complainant established his case. Since there is no contra evidence available before us we are inclined to allow this petition.
In the result, complaint is allowed and hereby direct the opposite parties to pay Rs.86,129/- with interest @ 8% from the date of this order till realization and further directed to pay Rs.10,000/- as compensation and cost of Rs.5,000/- to the complainant within one month from the date of receipt copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 31stday of August 2022.
Sd/- Sd/-
Sreeja S C.T. Sabu
Member President
Appendix
Complainant’s Exhibits :
Ext. P1 is the copy Invoice dated. 07.06.13 issued by opposite party.
Ext. P2 is the Lawyer notice with postal receipt dated 23.06.2018.
Ext. P3 is the acknowledgment card.
Id/-
Member
