The case of the complainant in a nutshell is that he came to know about the opposite parties who are the manufacturer, dealers and agents who deals with solar energy plants from exhibition organized by Malayala Manorama. He was apprised of the quality and high standards of the products of the 1st opposite party. On completion of the construction of the house of the complainant he contacted Sri. Anoop who is an employee of the 3rd opposite party and Anoop visited the place and advised that it is a suitable place where the solar energy plant can be installed. Thereafter the complainant was ad viced to apply to Anert for a 1KV solar panel for domestic purpose with subsidy. Anoop had agreed that he would do needful for the said purpose and he was paid money by the complainant form the 3rd opposite party's office at Munduparamaba and the complainant's application was got registered by Anert and a registration number was allotted to him. The registration No. is SRP/2012/12985. This matter was informed to Sri. Anoop he then adviced the complainant to execute
the agreement without any delay. The complainant raised a doubt with Anoop whether with 1KV Solar plant is sufficient for the use in the house and according to the complainant, Anoop had informed him that he would take necessary steps to do every thing to have the solar energy for his house. Then the complainant was informed by the officials in the office of Anert at Malappuram that the opposite parties have the recognition of Anert and Anert had informed the complainant that he could execute necessary agreement with opposite parties. By believing the words of the opposite parties the complainant and opposite parties executed the agreement 17-6-14 and on that day itself complainant issued cheque No.01251000019730 of HDFC Bank, Calicut dated 26/16/14 for Rs.99157/- to the 1st opposite party towards sale consideration and the cheque was encashed by the opposite party No.1.
2. Thereafter despite repeated demands the opposite parties did not care to install the solar planet in the house of the complainant. Hence this complaint.
3. The 1st and 2nd opposite party did not appear before this Forum despite receipt of notice of this Forum and they were set ex-parte. Thereafter they filed IA 152/15 to get the order making them ex-parte set aside and that was allowed on payment of cost of Rs.300/-. Since they did not make payment of the cost as ordered by this Forum the order making them ex-parte stands. Notice issued against opposite party No.3 returned with an endorsement “unclaimed” and also was ex-parte.
4. Complainant filed affidavit in lieu of Chief examination and documents were marked as Ext A1 to A9. No contra evidence was adduced on the side of the opposite parties. Therefore this Forum is constrained to accept the unchallenged evidence placed before this Forum by the complainant. The act of the opposite parties amounts to deficiency in service and unfair trade practice. Hence, we allowed this complaint. All the opposite parties are jointly and severally liable to compensate the complainant.
In the result, we order the opposite parties to pay an amount of Rs.99,157/- along with 10% interest from 26/6/14 till the date of payment and Rs.25000/- for the mental agony and hardships suffered by the complainant and Rs.5000/- as cost of this proceedings within one month from the date receipt of copy of this order.
Dated this 28th day of December, 2015
R.K.MADANAVALLY , MEMBER (In-Charge of President)
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A9
Ext.A1 : Photo copy of cheque
Ext.A2 : Pre- installation Site Inspection Report
Ext A3 : Work order
Ext A4 : Bill of Material for ANERT
Ext A5 : Agreement between Agency and Beneficiary
Ext.A6 : Paper Adverticement in Malayala Manoramma
Ext A7 : Bank Account Statement
Ext A8 : Technical Specification
Ext A9 : Brocher of Bosch solar Hot Water solutions.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
R.K.MADANAVALLY , MEMBER (In-Charge of President)
MINI MATHEW, MEMBER
