NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 221/2015

   Date of Filing:                 Date of Admission                Date of Disposal:

    06.04.2015                     16.04.2015                       19.08.2015                        

Complainant/s                                 = Vs. =                           O.Ps.

Asoke Kumar Mozumder,                                   1.        M/s. Arkalok Solar Industries,

S/o. Late Hitendranath Mozumder,                             193, Laxminathnagar,

Mishripukur Road,                                                             P.O. Ichapur, Nawabganj,

Bolidaghata,                                                                        P.S. Noapara, Dist- 24 Pgs(N),

P.O. Halisahar,                                                                    (represented by the proprietor

P.S. Bijpur,                                                                           Mr. Kishore Dasgupta).

Dist- North 24 Parganas.                                                 2.        Mr. Kishore Dasgupta,

                                                                                                S/o. Late Sunil Dasgupta,

                                                                                                193, Laxminathnagar,

                                                                                                P.O. Ichapur, Nawabganj,

                                                                                                P.S. Noapara, Dist- 24 Pgs(N),

                                                                                                Pin- 743144.

                                                                                    3.        Mr. Joy Chakraborty,

                                                                                                Divisional Engineer

                                                                                                West Bengal Renewable

                                                                                                Energy Development Agency,

                                                                                                EP-GP BLOCK, Electronic

                                                                                                Complex, Sec- V, Salt Lake City,

                                                                                                Kolkata- 700091.

J U D G E M E N T

Facts of the case, in short, is that the complainant, 78 years old in age, purchased materials with installation-service of 500W solar-roof-top-home-generating system from M/s. Arkalok Solar Industries, O.P. No.1 on payment of Rs. 62,400/- on 25.05.10. So, the complainant is a consumer as defined in the C.P. Act, 1986 with amendment and rules for purchasing goods with installation services on payment of necessary price.

The complainant stated that the O.P. No.1 is a MSME registered unit, manufacturing non-conventional energy goods, solar base items and materials for use of alternative energy and seller of such materials with installation as displayed

Dictated and corrected                                                                             Contd. …. 2/-

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then in the website of West Bengal Renewable Energy Development Agency –O.P. No.2 was the sole proprietor  of O.P. No.1 who received consideration money from time to time from the complainant, O.P. No.3 was the Divisional Engineer, WBREDA who, by way of demonstration and active assistance, helped the purchasers and users of materials of solar-energy-system.

The complainant further stated that the O.P. No.1 installed at the residence of the complainant one 500W Solar-Photo-Voltic panel (hereinafter referred to, in short, S.P.V panel) 12V Arklok battery and inverter on payment of Rs. 62,400/-.

The complainant also stated that since inception the system was not functioning properly. So, at the advice of O.P.No.2, further amount of Rs. 21,600/- only was paid to O.P. No.2 in the month of September, 2010 i.e. a total amount of Rs. 84,000/- was paid. Another one S.P.V Panel i.e. total two S.P.V panels, with 12V Arklok Battery, Solar & A.C. 230 V charging dual inverter and a control panel were installed. The complainant was assured that it would reduce consumption of A.C. electricity power and resultant reduction in the amount of electricity bill. But it did not work as assured. So, the complainant informed O.P. No.2 – Mr. Kishore Dasgupta.

The complainant further stated that O.P. No.2 sent two technicians of the O.P. No.1, Sourav and Tapas by name. They visited the complainant’s house number of times but could not solve the problem. Rather those two technicians informed the complainant, that installed two S.P.V panels were able to generate nearly 300W electricity, not 500W, as assured and thus created the problem.

The complainant also stated that the complainant repeatedly requested O.P. No.2 –Mr. Kishore Dasgupta to attend the problem personally and after prolonged persuasion, O.P. No.2 visited the house of the complainant in the month of October, 2011 and advised the complainant to install more S.P.V panels to generate 1000W electricity O.P. No.2 advised that it would meet the load capacity of the entire house and thereby the complainant would be able to overcome the present problem.

The complainant further stated that to install the required materials for getting 1000W solar electricity would cost Rs. 2,80,800/- of which, government subsidy of Rs. 1,15,200/- would be available. Hence the complainant would have to bear only Rs. 1,65,600/- to get the solar home generating system from any further trouble. As present trouble / problem was cropped up for fault of O.P.

Dictated and corrected                                                                             Contd. …. 3/-

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Nos. 1 and 2, so the O.P. No.2 assured to pay back certain amount of money to the complainant.

The complainant also stated that the complainant paid on 16.01.12 to O.P. No.2 an amount of Rs. 36,600/- in cash and Rs. 45,000/- by cheque being its No.644482 of SBI, Naihati Branch i.e. another amount of Rs. 81,600/- was paid in addition to already paid Rs. 84,000/- to make the total amount of Rs. 1,65,600/-.

The complainant further stated that thereafter, five S.P.V panels, a battery bank, consisting of five-hi-power 12V 75A Tubular battery and solar and A.C dual charging inverter were installed in the house of the complainant. But within 10 days of installation the inverter became non-functioning. So the dual charging inverter was replaced by single charging inverter. Out of the five batteries, one battery was kept idle without having any connection for charge and the remaining four batteries got charged by A.C electricity. Thus, it increased the amount of complainant’s electricity bill.

The complainant also stated that being aggrieved and failure of Mr. Kishore Dasgupta to attend the complainant’s problem in spite of repeated requests, complainant sent e-mail stating all the problems to Mr. Joy Chakraborty, Divisional Engineer, WBREDA on 27.11.12 and thereafter O.P. No.2 attended  and informed the complainant that all S.P.V panels were defective  and they would be replaced  within 15 days as all installed materials were within warranty period and tendered  a cheque of Rs. 45,000/- without date and name of the payee drawn on SBI, Store Bazar, Ichapur Branch being the refund of money in part and advised to encash the cheque after obtaining the instruction of O.P. No.2. But till date no such instruction was intimated.

The complainant further stated that on 08.05.13, the O.P. no.2 again met the complainant and admitted that all the five S.P.V panels are defective and so disconnected all connection of the panels and took back the inverter. O.P. No.2 issued again a cheque being its No. 000030 dated 08.05.13 in favour of the complainant for Rs. 30,000/- being the refund of money in part with instruction to encash the cheque after obtaining consent of O.P. no.2 over telephone.  

The complainant also stated that since then O.P. No.2 neither contacted the complainant through telephone, nor O.P. No.2 was contacted by the complainant all telephone lines of O.P. Nos. 1 and 2 remained either unattended or unavailable. On search in the Website of WBREDA, it was also noticed that name of the O.P. no.1 was deleted from the list of private Solar shops in West

Dictated and corrected                                                                             Contd. …. 4/-

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Bengal and the Website of M/s. Arkalok Solar Industries i.e. O.P. No.1 was also blocked.

The complainant further stated that the complainant informed everything i.e. Department of Consumer Affairs and Fair Business Practice, Barrackpore Sub-Division W.B. & Mr. Joy Chakraborty Divisional Engineer, WBREDA, but could not achieve any result. Hence the complaint.

O.P prays for time but the O.P did not turn up to contest the case.

Point for Decision:-

Whether the complainant is entitled to get any relief as prayed for?

Decision with Reasons

Complainant has submitted affidavit in chief in support of his contention in the complaint. Complainant submitted the documents in support of his claim. We have perused the documents. OPs did not turn up to controvert those documents. Hence we are no hesitation to hold that complainant is entitled to get relief as prayed for.

Hence

Ordered,

                                           that the complaint be and the same is allowed exparte against the O.Ps.

O.P. Nos. 1 and 2 are jointly and severally directed to Rs. 1,65,000/- with interest 9%  on the amount from 16.01.12 till the final payment to the complainant.

O.Ps are also directed to remove all the materials which were provided by the O.Ps to the complainant for Solar Energy from the house of the complainant after refund of money.

O.Ps are directed to pay compensation of Rs. 25,000/- and litigation cost of Rs. 5,000/- to the complainant within one month from the date of this order, failing which O.Ps shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.Ps in this State Consumer Welfare Fund.

Let copies of the order be supplied to the parties free of cost when applied for.

Member                                                                                             President

                 Dictated & Corrected by me