Chandigarh

DF-I

CC/1000/2019

Vijay Mangla - Complainant(s)

Versus

M/s LBWS Pvt. Ltd. - Opp.Party(s)

Danishwar Ali, Akshey Bhardwaj & Mohd. Uzair

04 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/1000/19
Date  of  Institution	:	14/10/2019
Date   of   Decision	:	04/02/2021

 

 

 

 

 

Vijay Mangla S/o Sh. Hans Raj, Resident of House No. 353, Sector 35-A, U.T. Chandigarh.

……… Complainant

 

Versus

 

1.   M/s LBWS Pvt. Ltd., through its Proprietor Abhinav Verma, Plot No.70, Godrej Eternia Towers, Indl. Area, Phase-I, Chandigarh.

 

2.   Mr. Raunak, Salesman of the firm, Plot No.70, Godrej Eternia Towers, Indl. Area, Phase-I, Chandigarh.

……. Opposite Parties

 

BEFORE:   RATTAN SINGH THAKUR     PRESIDENT

SMT.SURJEET KAUR             MEMBER

          SH.SURESH KUMAR SARDANA      MEMBER

 

For Complainant	:	Sh. Pawan Sharma, Vice Counsel for Sh. Danishwar Ali, Advocate.
For OPs	:	Ex-parte.

 

PER SURJEET KAUR, MEMBER

 

 

          Sh. Vijay Mangla – Complainant has filed the instant Consumer Complaint under Section 12 of the Consumer Protection Act, 1986 against M/s LBWS Pvt. Ltd. & Anr. (hereinafter called the Opposite Parties), alleging that he approached the Opposite Parties for purchase of the domestic solar panels and was given a quotation of Rs.3,35,000/- which includes installation insurance/ batteries on the roof the house. Finally, settlement took place between the Complainant and Opposite Parties for Rs.2,50,000/-, which was paid by the Complainant through two cross-cheques of Rs.1,50,000/- and Rs.1,00,000/- respectively. It has been alleged that the Unit was not installed properly by the Opposite Parties and the same were not working from day one. In this regard, numerous Complaints were made to the Opposite Parties that the solar panels were non-functional, but Opposite Parties did nothing due to which no solar energy was ever generated by those solar panels. Eventually, a legal notice dated 21.09.2019 was served upon the Opposite Parties, but even after receipt of the notice Opposite Parties failed to provide any service to the Complainant. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.      Nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.

 

4.      Complainant led evidence in support of his contentions.

 

5.      We have meticulously gone through the entire record and heard the arguments advanced by the Learned Counsel for the Complainant.

 

6.      Per pleadings of the Complainant, despite having received a sum of Rs.2,50,000/- (Rs.1,50,000/- + Rs.1,00,000/-) through Cheques bearing No.047545 and No.047549 dated 01.04.2019 Annexure C-2, Opposite Parties failed to properly install the Solar Panel System and took no steps to properly install the same despite repeated requests and personal entreaties.

 

7.      It is the case of the Complainant, the solar Panels were not installed correctly by the Opposite Parties, due to which during heavy wind and storm, the Solar Panels so installed were damaged and became non-functional. The Opposite Parties turned a deaf ear towards the Complaints of the Complainant and failed to make the same operational. The Complainant claims that even the legal notice dated 21.09.2019 (Annexure C-4) served upon the Opposite Parties failed to fructify. Per Complainant, he suffered a huge loss of Rs.2,50,000/- on account of defective products and poor installation of the Solar Panels by the Opposite Parties, which amounts to deficiency in service and their indulgence into unfair trade practice.

 

8.      Significantly, Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.

 

9.      In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have redressed the grievance of the Complainant forthwith, which they miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Parties even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against them.

 

10.      For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are, jointly and severally, directed:-

[a]  To immediately install the Solar Panels properly in the residence of the Complainant and make the same operational to the entire satisfaction of the Complainant.

[b]  To pay Rs.25,000/- as compensation to the complainant for deficiency in service, unfair trade practice and for causing harassment caused to him.

[c]  To also pay a sum of Rs.10,000/- to the complainant as litigation expenses. 

 

11.      The above said order shall be complied within 30 days of its receipt by Opposite Parties; thereafter, Opposite Parties shall be liable for an interest @12% per annum on the amount mentioned in sub-para [b] above from the date of institution of this complaint, till it is paid, apart from compliance of the directions as in sub-para [a] & [c] above. 

 

12.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

04^th February,2021                                                             

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

       MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

       MEMBER

 

 “Dutt”