Delhi

North East

CC/45/2020

Mr. Rakesh Sharma - Complainant(s)

Versus

Luminous Power Technologies Pvt. Ltd. - Opp.Party(s)

27 Feb 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 45/20

 

 

In the matter of:

 

	Sh. Rakesh Sharma, S/o Sh. S. N Sharma R/o 1/3369, Ram Nagar Exttn, Shahdara Delhi-110032	Complainant
	Versus
	Luminous Power Technologies Pvt. Ltd. Located At:- Plot No.150,Sector 44,Gurugram, Haryana, 122003	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:

06.10.20 19.12.22 27.02.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

      Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the case as revealed from the record are that the Complainant  purchased Solar Power Generation System from the Opposite Party and disbursed the amount of Rs. 3,08,750/- out of the contractual amount of Rs. 3,25,000/- via several cheques bearing no. 029848  and 029847, Bill no. 34 & 31. After successful payment the Opposite Party delivered and installed the system but the Complainant had faced some problems as the system was not worked properly because the Opposite Party did not installed the system at agreed height as MMS height was reduced to 1.65 m & 1.6 m for both sites respectively instead of 1.8 m as was agreed. After that, the Complainant tried to contact the Opposite Party several times but he did not receive any constructive reply till now. He tried several times to contact the Opposite Party and sought their help, but the company had not get resolved his issue and his efforts to get his refund has gone in vain. The fact that solar plant thus installed would remain functional only if BSES power supply continues was never explained at the stage of work. Complainant also sent legal notice to Opposite Party on 13.03.20 and get reply on 21.08.20. Complainant has prayed to refund the amount of Rs. 3,08,750/- with 18 % penal interest w.e.f. April 2019 to till date. He has also prayed for Rs. 1,00,000/- for mental harassment and Rs. 25,000/- as litigation expenses.
2. None has appeared on behalf of Opposite Party consecutively on 3 dates i.e.11.11.21, 21.12.21 and 17.02.22. Therefore, it was proceeded against Ex-parte vide order dated 22.04.22.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the Complainant and we have also perused the file. The case of the Complainant is that he purchased a Solar Power Generating System from Opposite Party for an amount of Rs. 3,25,000/- and paid the amount Rs. 3,08,750/-. He further stated that the solar system was not worked properly because of MMS height was reduced to 1.65 m & 1.6 m for both sites respectively instead of 1.8 m as was agreed upon the parties.
5. The Complainant did not bring any agreement between the parties which specified the MMS height of 1.8 m. Further, there was no material placed on record regarding any technical problem being faced in the solar system because of reduced height of MMS. And the Complainant also admitted that he did not pay the balance payment of Rs.  16,250/- to the Opposite Party.
6. In view of the above discussion, the complaint is dismissed.  
7. Order announced on 27.02.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Adarsh Nain)     Member

(Surinder Kumar Sharma) President