Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
25th day of January 2023
CC 237/21 filed on 19/07/21
Complainant: Babu.T.D @ Babu Devassy, S/o Devassy,
Thermadom House, Near Caico Co.,
Kuriachira.P.O, Thrissur-6.
(By Adv.Joe.J.Uruvath, Thrissur)
Opposite Parties: 1. Manager, Samtal Solar Systems & Solutions
(Private) Ltd, 799-C, James Tower, Veliyannur
Ring Road, Nr.Sakthan Bus Stand, Thrissur-680021.
2. Manager, Samtronic Power Systems, Thara Building,
Ayyanthole, Thrissur-3
3. Samtel Solar Systems & Solutions (Pvt) Ltd,
Rep.by Director James, S/o Vareeth,
Kundukaran House, Inchakundu.P.O,Thrissur- 680312
4. Sini james, Director, Samtel Solar Systems &
Solutions (Pvt) Ltd,W/o James,
Kundukaran House, Inchakundu.P.O,Thrissur- 680312
5. James, Director, Samtel Solar Systems &
Solutions (Pvt) Ltd,W/o James,
Kundukaran House, Inchakundu.P.O,Thrissur- 680312
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
The complainant installed solar system worth Rs.1,95,000/- (Rupees One lakh ninety five thousand only) at his home manufactured by the 1st opposite party and sold by the 2nd opposite party. The guarantee card issued by the 2nd opposite party shows the guarantee of inverter/UPS as 3 years, solar panel as 10 years and 150A.H. 4 battery as 5 years. The battery went out of charge within 3 months of installation and replaced by another battery. The solar panel was of 2000 watts, UPS was of 5000 watts. The installed solar system will produce consumable electricity of 7-8 unit per day. The original bill of purchase was not given by the opposite party. The battery replaced was worse than the first one. Complainant requested to check the defects of solar panel and to repair it, failing which, to take back the entire installed solar panel system and give back the purchase cost Rs.1,95,000/-. The complainant suffered mental and physical pain after installing the solar energy system. The complainant many times requested to give back the cost and to take back solar panel system installed items. Till now the opposite parties have not paid the purchase money back. The malafide acts of the opposite parties amount to unfair trade practice, deficiency in services and violation of guarantee conditions. The complainant has suffered hardships, mental agony and pain. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite parties. The Opposite parties not appeared before this Commission and called absent set ex-parte.
3) 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. A1 to A3. Ext.A1 is the address card of opposite party; Ext.A2 is the guarantee card issued by opposite party dated 03/03/18 and Ext.A3 is the computer print of company master data. The complainant prayed for Experts reports and that report is marked as Ext.C1.
4) The case of the complainant is that he installed a solar system manufactured by the 1st opposite party and sold by the 2nd opposite party. The battery got replaced soon after installation and the replaced battery was worse than first battery and solar panel was also defective. Ext.A1 to A3 proves the purchase and guarantee assured by the opposite party. An expert commissioner is also appointed to report the defects. He filed report and same is marked as Ext.C1. The Expert Commissioner reported that the solar system is not in working condition and so the battery. It is also reported that the solar system is totally dead and no electric energy is available at the socket. The installation of solar system was done unscientifically. The solar panels are installed on the northern side of the slopped truss roof and only 10% to 20% of solar energy can be collected during normal sun light day. This energy is not enough to charge the batteries.
We considered the evidence and pleadings as a whole and hence we are of view that the complainant established a cogent case before this commission. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result complaint is allowed and hereby direct the opposite parties to pay back Rs.1,95,000/- (Rupees One lakh ninety five thousand only) as cost of defective solar system with 6% interest from 03/03/2018 ie. date of purchase and pay cost of Rs.5,000/- (Rupees Five thousand only) to the complainant within one month from the date of receipt of a copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25th day of January 2023.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext.A1 is the address card of opposite party.
Ext.A2 is the guarantee card issued by opposite party dated 03/03/18.
Ext.A3 is the computer print of company master data.
Ext.C1 Expert Commissioner’s Report.
Id/-
Member
