Punjab

Ludhiana

CC/21/514

M/s K.G.Exports - Complainant(s)

Versus

M/s L.B.W.S.Pvt.Ltd - Opp.Party(s)

J.K.Kapila

20 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:514 dated 11.11.2021.                                                         Date of decision: 20.12.2023.

 

M/s. K.G. Exports, Plot No.5, Mahindra Enclave, Moti Nagar, Ludhiana through one of its Partners Munish Dua.                                                                                                                                            ..…Complainant

                                                Versus

1. M/s. L.B.W.S. Pvt. Ltd., Plot No.1075, JLPL Industrial Area, Sector 82, S.A.S. Nagar, Mohali, Punjab through its Director Mr. Abhinav S. Verma.
2. Abhinav S. Verma, Director of M/s. L.B.W.S. Pvt. Ltd., Plot No.1075, JLPL Industrial Area, Sector 82, S.A.S. Nagar, Mohali, Punjab.
3. Vishakha Verma, Director of M/s. L.B.W.S. Pvt. Ltd., Plot No.1075, JLPL Industrial Area, Sector 82, S.A.S. Nagar, Mohali, Punjab
2.  

…..Opposite parties 

Complaint Under section  35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Nitin Kapila, Advocate.

For OPs                          :         Exparte.

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant is a partnership concern and Munish Dua is one of its partner, who is doing the business of garments to earn its livelihood. Whereas OP1 is a private limited company and OP2 and OP3 are Directors of OP1, who being incharge are responsible for day to day business of Solar Plant Systems of OP1. The complainant stated that, OP2 and OP3 along with Amrit Verma and Ronit Bhandari approached him and allured to install Solar Models as they are masters in the field. The OPs further allured the complainant that the said Solar Models are very beneficial for its unit and will reduce the electricity consumption of complainant firm to great extent. On the allurement of the OPs, the complainant agreed to get install the solar model and the OPs entered into performa agreement with the complainant on 28.02.2019 and the OPs were required to complete the installation of Solar plant having capacity of 160.00KWp till 31.03.2019 having total cost of Rs.51,82,800/- out of which the complainant paid Rs.5,00,000/- in advance. The OPs started installation work of said Solar Plant but the intentions of the OPs from the very beginning were not good and inspite of doing small work, they took Rs.35,00,000/- as part payments from the complainant on the pretext to purchase the machinery. The complainant further stated that only part of the structure required for installation of Solar system was installed in its premises but that was not properly installed which fell from the roof of the building and damaged in June/July 2019 due to heavy wind flow. The OPs were informed but they did not take any step rather insured the complainant to lodge the claim of loss and to complete the installation work. Even the OPs took the damaged panel with them under the pretext to install new panels but they failed to turn up in spite of receipt of Rs.35,00,000/- from the complainant. Further the complainant approached the OPs with a request to install the Solar Plant or to refund the money of Rs.35,00,000/- but they failed to do so. This amounts to deficiency in service and unfair trade practice on the part of the OPs. The complainant moved a complaint to the Commissioner of police Ludhiana against the OPs and upon which FIR was registered against OPs including Amritpal Verma and Ronit Bhandari. Even the complainant also sent a legal notice dated 17.02.2020 posted on 18.02.2020 upon the OPs but to no use. The complainant also approached the OPs through Emails as well as telephonic calls but they stopped responding to the calls and replying the Emails after 10.08.2020. The complainant has suffered mental pain, physical harassment, tension etc. due to deficiency in service and unfair trade practice on the part of the OPs for which the complainant is entitled to compensation. In the end, the complainant prayed for issuing directions to the OPs to make the payment of Rs.35,00,000/- along with interest and compensation of Rs.5,00,000/-.

2.                None turned up on behalf of the OPs despite service of notice through registered post and as such, the OPs were proceeded against exparte vide order dated 10.08.2023.

3.                In support of his claim, Sh. Munish Dua, Partner of the complainant firm tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of deed of partnership, Ex. C2 is the copy of proforma agreement dated 28.02.2019, Ex. C3 is the copy of Email dated 18.08.2020, Ex. C4 is the copy of legal notice dated 17.02.2020, Ex. C5 to Ex. C8 are the postal receipts, Ex. C9 is the copy of account statement of the complainant firm, Ex. C10 office order dated 12.06.2019 issued by CREST and closed the evidence.

4.                We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents and produced on record by the complainant.  

5.                Due to absence of the OPs, the uncontroverted facts that emerged from the record are that the complainant firm through its partner was allured and induced by OP2 and OP3 being incharge and responsible persons of their company OP1 to enter into an agreement of formal nature on 28.02.2019 Ex. C2 with regard to installation of Solar Plant having a capacity of 160.00KWp for a total consideration of Rs.51,82,800/-. The project was to be commissioned by 31.03.2019. Ex. C2 provided the schedule of payment depending upon the stage of work that was to be executed by the OPs. The OPs acknowledged the receipt of Rs.5,00,000/- on 20.11.2018 at the time of signing the agreement and other payments were also made at the start of installation i.e. Rs.5,00,000/- on 01.03.2019 at the time of installation, Rs.5,00,000/- on 06.03.2019 at the time of post completion of structure and earthing, Rs.10,00,000/- on 20.03.2019 on installation of solar panels, Rs.10,00,000/- on 05.04.2019 on installation of electrical accessories etc. Further Rs.5,41,400/- on installation of Bi-Directional Meter and Rs.5,41,400/- on commissioning of the project were to be made to the OPs as per this agreement Ex. C2. The agreement also contained a refund clause which reads as under:-

“15. REFUND

In an eventuality where the Products stop performing completely at any time post installation (during the warranty period), and there is no breach or clause 4,8,9,10,11 and 13 the customer needs to provide a written letter to the company via registered post within 7 working days of such an event and giving suitable proof of the absolute halt of plant output, Post that the company shall attempt to solve the issue rendering the halt of output within 60 Working days. In case the company fails to do so the agreement needs to be terminated as per the clause 13 and mutually discussed refunds from the company's end may be processed within 6 months from the un-installation and removal of products from the installation premises.

Further, the Company shall have the right to uninstall and remove all Products, Spare Parts and Accessories thereto from the Premises and take such items back into Company custody within 3 months of cancellation of the contract hereof.”

6.                According to the complainant, the OPs succeeded in receiving a huge amount of Rs.35,00,000/- in a phased manner on the pretext or purchase of machinery, equipments etc. the complainant further averred that the structure was not properly installed and in June/July 2019 due to heavy wind flow, the so installed partial super structure got damaged and fell down on the roof top of the building. The complainant informed the OPs who on one hand gave assurance to the complainant for reinstallation of new panels and on the other hand, lodged an insurance claim. Ex. C3 is the trail of Emails dated 18.08.2020, 17.08.2020, 10.08.2020, 08.08.2020, 07.08.2020, 06.08.2020, 04.08.2020, 03.08.2020, 02.08.2020, 01.08.2020, 31.07.2020, 30.07.2020, 28.07.2020, 27.07.2020, 25.07.2020, 23.09.2019, 21.09.2019, 18.09.2019, 20.08.2019, 14.08.2019, 29.07.2019, 05.02.2020, 23.09.2019 exchanged between the complainant and the OPs wherein the factum of receipt of Rs.35,00,000/- and settlement and receipt of amount of insurance claim on 29.10.2019 was admitted by the OPs. The Ops did not reinstall the solar system as agreed upon nor refunded the amount so received. Even legal notice Ex. C4 failed to yield desired results. From the peculiar facts and circumstances, it appears that the OPs had dishonest intention since the inception of the formal agreement to gain wrongfully on both counts firstly by receiving the substantial amount of payment from the complainant and at the same time also received the reimbursement of claim from the insurance company. So the act and conduct of the OPs not only amounts to rendering deficient services but also adoption of unfair trade practice. In these circumstances, this Commission is of the view that the OPs are liable to refund Rs.35,00,000/- to the complainant along with interest @8% per annum from the date of filing of the complaint till actual payment. The OPs are further burdened with composite costs of Rs.10,000/-.

7.                As a result of above discussion, the complaint is partly allowed with direction to the opposite parties to refund the amount of Rs.35,00,000/- to the complainant along with interest @8% per annum from the date of filing of complaint i.e. 11.11.2021 till date of actual payment within 30 days from the date of receipt of copy of order. The opposite parties shall further pay composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (SanjeevBatra) Member                        Member                                       President         

 

Announced in Open Commission.

Dated:20.12.2023.

Gobind Ram.