SMT. RAVI SUSHA : PRESIDENT
Complainant has filed this complaint U/S 12 of Consumer Protection Act 1986, for getting an order directing 2nd opposite party to pay Rs.4.75 lakh with interest to complainant together with litigation cost.
The case of the complainant is that the complainant had purchased solar 3 kilo system, 4 battery Luminus, Recold 150 lr water level control and 9 panels against invoice No.103 dtd.23/8/2018 for Rs.3,38,000/- from 2nd OP and had to pay additional charge of plumbing and steel work for Rs.15500/-. It was promised by the 2nd OP that uninterrupted independent solar power supply is guaranteed from the above solar system throughout 24 hours of the day on daily basis. This system has not been connected to KSEB Power grid system. The complainant submitted that the he received invoice from KSEB on 12/11/2018 Rs.1712/-, and on 14/1/2019 Rs.597/- and the units consumption of KSEB electricity was 359 and 181 units respectively. While 2nd OP have been informed about KSEB invoices, he then came up with new conditions that the complainant cannot use the full electrical equipments like Induction cooker, electric iron and fridge during night ,due to high temperature for the months , the complainant forced to abide by these conditions for the limited purpose of running fan for his family. All the new conditions have been put forward by the 2nd OP after the installation and full payment of the system. The complainant submitted that on 14/1/2019 the power supply of the complainant’s house was interrupted during midnight, complainant was not able to use KSEB electricity as the alternate usage due to solar installation mistake. Complainant informed the problem to 2nd OP and he promised that his technician will visit next day itself to rectify the problem but the technician visited only on 21/1/2019 which was after one week from the date of the complaint. Complainant further submitted that on 8/8/2019 there was heavy rain and storm, the entire solar panel 6 in Nos. were thrown almost 15ft away from the above residence though frequent phone calls were made, after a few days the technician of the OP came to the house of the complainant, and collected all the panel and stacked up all on the terrace of the house of the complainant. The complainant was surprised to see that these huge panels were just fixed by cement, and no other measure of winding the same was made by the OPs to ensure safety of the worn out of the panels in heavy wind. Moreover on enquiry it is also learned that the OPs had fixed the panels at a height of 2ft, which will not sustain storm or other rain storms, and no other measures was seen taken by the OPs for fixing with nuts , bolts or any mounting by wire was done and the technicians are all technically incapable, without proper technical training . Even though several times the complainant was laid and finally on 23/8/2019, via e-mail to the 1st OP , nobody has turned up to the complainant, to fix the problem. Though the complainant made a complaint before the concerned police station at Thalassery, OPs did not take care to appear before the police officer. The cost of the installation and all technical fees for the fixation of solar panels will come around Rs.3,61,500/-. The act of OPs complainant has incurred severe loss, hardship mental harassment and torture due to the deficiency in service . Hence the complaint.
Registered notices were issued to OPs 1 to 3. 2nd OP’s notice returned as unclaimed and the matter was proceeded exparte against him. Other OPs 1&3 appeared before the commission and filed version and denied the allegations leveled by the complainant against them.
In order to prove the case , complainant has submitted affidavit evidence and the documents. Complainant has been examined as PW1 and got the documents marked as Exts.A1 to A7. During pendency of the case, complainant has taken steps to appoint an expert commissioner to inspect the product solar system installed at the premises of the complainant and to prepare report(IA.No.100/2020). The solar technician was appointed as Expert commissioner . He inspected the residence of complainant and filed report. The expert commissioner was examined as witness of complainant and his reports were marked as Exts.C1&C2.
Complainants allegation is that he had purchased solar 3 kilo system , 4 battery Luminus, Recold 150 lr water level control and 9 panels against invoice No.103 dtd.23/8/2018 for Rs.3,38,000/- from 2nd OP and also paid additional charge of plumbing and steel work for Rs.15500/-. Complainant further submitted that on 8/8/2019 there was heavy rain and storm, the entire solar panel 6 in Nos were thrown almost 15ft away from the above residence though frequent phone calls were made, after a few days the technician of the OP came to the house of the complainant, and collected all the panel and stacked up all on the terrace of the house of the complainant. The complainant was surprised to see that these huge panels were just fixed by cement, and no other measure of winding the same was made by the OPs to ensure safety of the worn out of the panels in heavy wind. Moreover on enquiry it is also learned that the OPs had fixed the panels at a height of 2ft, which will not sustain storm or other rain storms, and no other measures was seen taken by the OPs for fixing with nuts , bolts or any mounting by wire was done and the technicians are all technically incapable, without proper technical training . Eventhough several times the complainant was laid and finally on 23/8/2019, via e-mail to the 1st OP , nobody has turned up to the complainant, to fix the problem. Though the complainant made a complaint before the concerned police station at Thalassery, OPs did not take care to appear before the police officer. The cost of the installation and all technical fees for the fixation of solar panels will come around Rs.3,61,500/-. The act of OPs, complainant has incurred severe loss, hardship mental harassment and torture due to the deficiency in service .
The expert has reported that” the solar panel installation had not maintained any civil construction specification to resist minimum stormy wind forces during all stormy weather conditions which will occur in Kerala state. Normally we use templates to install the solar panel structure. This is shown in the photos annexed. Templates are plates mounted on the concrete pillar above the concrete tress and bolted further to resist the stormy wind and other climatic conditions. The concrete pillar should be 30 cm height and 15cm width, it was not found such constructions in the premises of the complainant. The panel was just placed on cement concrete. They were not fixed with templates or bolted with concrete pillars. Due to lack of these construction procedures the said solar panel installation had got severe damage and the whole solar power plant flew away causing damage to the said system.”
From the expert report it is clearly evident that the solar panel installation had not maintained any civil construction specification to resist minimum stormy wind forces. Further reported that the solar panel installation has got severe damage and the whole solar power plant flew away causing damage to the said system. The expert has submitted photos also for perusing the condition of solar system.
Here the OP has not contested the case by adducing their evidence. Version itself is not sufficient to prove their contention and moreover not discarded the expert report. Complainant has proved his case through Exts.A1 to A7 and Exts.C1&C2 report. Hence we are of the view that there is deficiency in service on the part of opposite parties
In the result complaint is allowed in part. Opposite parties 1 to 3 are directed to pay Rs.3,38,500/- as per cash credit bill (Ext.A1) to the complainant. Opposite parties 1 to 3 are further directed to pay Rs.50,000/- towards compensation for the mental agony and Rs.10,000/- towards cost of the proceedings of the case. Opposite parties 1 to 3 are jointly and severally liable to pay the awarded amount within one month from the date of receipt of this order. Failing which Rs. 3,38,500/-+Rs.50,000/- carries interest @9% per annum from the date of order till realization. Complainant is at liberty to realize the ordered amount from the opposite parties by filing execution application as per provision in Consumer Protection Act 2019.
Exts:
A1- Receipt No.103.
A2-Business card of 2nd OP
A3-Photo of solar panel
A4- photos thrown away(3 in Nos)
A5- Photo of steel panel along with broken pieces
A6- Bill of photos
A7- letter written by complainant
C1&C2- Expert report
PW1-Venugopalan.A- complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
