SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019,seeking direction against OP to refund the advance payment of Rs.65,000/- with interest@8% per annum and Rs.1,00,000/- as compensation for the mental agony.
Complaint in brief :-
The complainant in this case is a retired hand and intended to install solar power on the roof and registered with KSEB. As a panel agency of KSEB , OP, approached complainant and on 16/4/2022, complainant paid Rs.65,000/- on the basis of attractive and impressive representation from OP. The said amount was transferred through his treasury account and OP issued a receipt for the amount received and they assured that they will install solar panel within 15 days from the date of advance payment and the said promise never kept by OP, even after several attempts made by complainant to get the solar panel installed. All attempts became futile and the OP practiced deficiency in service and thereby caused hardships and mental agony to the complainant and hence this complaint .
After filing the complaint, notice was issued to OP and the notice was deemed as duly served to OP. The OP has not appeared before the commission and not filed any version. Ultimately the commission had to hold that the OP has no version as such in this case came to be proceed against the OP is set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents which is marked as Exts.A1 to A4. Ext.A1 is the copy of receipt voucher issued by OP dtd.18/4/2022, Ext.A2 is the copy of lawyer notice and Ext.A3 is the postal receipt and acknowledgment card. Ext.A4 is the treasury receipt. The complainant was examined as PW1, so the OP remain absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance into the documents produced before the commission to answer whether there is any deficiency in service from the part of OP as stated in the complaint. As per Exts.A1&A4 it is seen that an amount of Rs.65,000/- was credited to OP, for the installation of solar panel, which the OP failed to fulfill the contract between complainant and OP. Hence on the basis of Exts.A1&A4, the commission presumed that the OP failed to fulfill the contract of installation of solar panel and thereby OP is liable for deficiency in service and complainant is entitled to get his money back which he is paid and also entitled to get the compensation.
In the result complaint is allowed in part. The opposite party is directed to pay Rs.65,000/- towards the advance amount and also pay Rs.10000/- as compensation for mental agony and Rs.5000/- as cost of litigation to the complainant within 30 days of receipt of this order. In default, the amount of Rs.65,000- carries interest@ 10% per annum from the date of order till realization. If the OP fails to comply the order, the complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Advertisement of smart watch
A2- Tax invoice
A3-warranty details
A4-website details
A5- Email communication
A6-Mobile call details
MO1-Smart watch
PW1-Rineesh .M.P-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
