Karnataka

Bangalore 4th Additional

CC/266/2018

K.Pragathi, - Complainant(s)

Versus

Mr. Chandra Shekar Shetty, Chairman, Bunt Solar India Pvt Limited, - Opp.Party(s)

30 Oct 2018

ORDER

Complaint filed on: 19.02.2018

                                                      Disposed on: 30.10.2018

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.266/2018

DATED THIS THE 30^th OCTOBER OF 2018

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

Smt.K.Pragathi,

Aged about 51 years,

no.571, 10^th main road,

3^rd cross, 2^nd block, Banashankari 1^st stage, Bengaluru-50.

 

Inperson     

 

V/s

Opposite party/s

Respondent/s:-

 

Mr.Chandra Shekar Shetty, Chairman,

Bunt Solar India Pvt. ltd., no.23/24, MM Complex,

2^nd floor, Mahalingappa

layout, Papa Reddy Palya, Nagarabhavi, 2^nd stage,

Bengaluru

 

Exparte

 

 

 

 

 

MEMBER: SMT.ROOPA.N.R

 

 

            This complaint is filed by the Complainant against the Opposite party (hereinafter referred to as Op) seeking issuance of direction to pay with double the amount of Rs.2,20,000/- with compensation.

 

          2. The brief facts of the case of the Complainant are that, on 11.11.16 she has paid Rs.1,10,000/- as advance to Op for installing 6 Kilo Watt Roof Top Solar Panel Project for her house. It is case of the Complainant that, even after 3 months, there was no progress in work. So, she has sent an email on 17.01.17 to cancel the order and refund their money and even after repeated visits to Op office, they have given them a written note as on 31.07.17 on cancelling their order and refunding their money this promise also they have failed. Again repeated visits to his office, they gave us reasons like no money, bank problem and she has waited for days, weeks, months and almost after a year Op has issued us a written cheque for Rs.1,10,000/- on 15.12.12 and this cheque also bounced due to insufficient fund. Hence prays to allow the complaint.

 

3. Inspite of notice served on Op they did not appear, hence placed exparte.

         

          4. The Complainant to substantiate her case filed affidavit evidence and got marked the documents as Ex-A1 to A8 and also filed written arguments. Heard.

  

 

 

5. The points that arise for our consideration are:

1. Whether the Complainant proves deficiency of service on the part of Op, if so, whether she entitled for the relief sought for ?    
2. What order ?

                   

           

 

6.  Our answers to the above points are as under:

Point no.1: Partly in the affirmative

Point no.2: As per the final order for the following

 

REASONS

 

          7. Point no.1:  We have briefly stated the contents of the complaint filed by the Complainant. Though notice has been duly served on Op, it did not appear, hence placed exparte. Under such circumstances, non-appearance and non-filing of version, draw an adverse inference that, the Op has admit the claim of the Complainant in the light of the decision reported in 2018(1) CPR 314 (NC) in the case of M/s.Singla Builders & Promoters ltd., vs. Amankumar Garg, wherein it is held that “non-filing of written version to complaint before the forum, amounts to admission of the allegations levelled against them in consumer complaint.”

 

          8. To rebut the contents of the Complainant, Op did not appear. Hence, this forum has no other go except to consider the contents of the complaint. The Complainant to substantiate her case has specifically stated that, she has paid Rs.1,10,000/- as an advance to Op on 11.11.16. As looking in to the documents Ex-A3 & A4 it is clear that, the Complainant paid an amount of Rs.1,10,000/- as advance to Op for installing 6 Kilo Watt Roof Top Solar Panel project for her residence. In this context, Complainant placed reliance on the Receipt no.12784 marked as Ex-A3 and purchase order no.16756 marked as Ex-A4.

 

          9. After 3 months of advance payment, there was no progress in the said solar panel work. So, the Complainant sent an email on 17.01.17 to cancel the order & refund of money. After, Complainant’s repeated requests & visits to Op office, the Op agreed to refund the money but issued a cheque almost after a year, bearing no.481499/15.12.17 drawn on Canara Bank marked as Ex-A2 for an amount of Rs.1,10,000/- to the Complainant as refund of the advance amount. On presenting to the bank, the said cheque was bounced due to insufficient funds. It is clearly goes to show that, in support of her claim, she produced the documents marked as Ex-A1, A2, A5 to A8. On careful scrutiny of the case of the Complainant, on the background of oral and documentary evidence, it is vivid and clear that the Complainant who comes to forum seeking relief has proved with clear and tangible material evidence that, Op is negligent and there is deficiency of service on his part. Hence, we answered the point no.1 partly in the affirmative.

 

  10. Point no.2: In the result, we passed the following:

 

ORDER

 

          The complaint filed by the Complainant is partly allowed.

 

          2. The Op is directed to refund a sum of Rs.1,10,000/- to the Complainant being paid by her to get the solar panel installation along with interest at the rate of 10% p.a. on the said amount from 11.11.2016 till the date of realization.

 

          3. The Op is also directed to pay Rs.10,000/- to the Complainant towards cost of litigation.

 

4. This order is to be complied by Op within six weeks from the date of this order. Failing which, the Complainant is at liberty to have the redress as per law.

 

          Supply free copy of this order to both the parties.

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 30^th October 2018).

 

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT

                                                                        

1. Witness examined on behalf of the complainant/s by way of affidavit:

Smt.K.Pragathi, who being the complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

Ex-A1	Letter dtd.02.02.18
Ex-A2	Bounced cheque
Ex-A3	receipt
Ex-A4	Purchase order
Ex-A5	Email letter
Ex-A6 to A8	Promised letters

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT