Chandigarh

DF-I

CC/300/2020

Satya Paul Singla - Complainant(s)

Versus

M/s Mahira (A Unit of Staten Solar Technologies) - Opp.Party(s)

Ravi Inder Singh

06 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/300/2020
Date of Institution	:	19/08/2020
Date of Decision	:	06/03/2023

 

Satya Paul Singla, R/o House No.2129, Sector 38-C, Chandigarh.

… Complainant

V E R S U S

1. M/s Mahira (A Unit of Staten Solar Technologies) through its authorized signatory, Mr. Arun Kumar, Plot No.218, Industrial Area, Phase 9, Mohali, Punjab.
2. Mr.Arun Kumar, Authorized Signatory, M/s Mahira (A Unit of Staten Solar Technologies) Plot No.218, Industrial Area, Phase 9, Mohali, Punjab.

                                  … Opposite Parties

3. Chandigarh Renewable Energy and Science & Technology Promotion Society (CREST), Fist Floor, Paryavaran Bhawan, Madhya Marg, Sector 19-B, Chandigarh through its Project Director/CEO.

…Performa Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Ravi Inder Singh, Counsel for Complainant.
	:	OP No.1 & 2 ex-parte.
	:	Sh.Arjun Grover, Counsel for OP No.3.

Per Surjeet kaur, Member

1.      Averments are that the OP No.1 & 2 had approached complainant to purchase solar power of 3 kilo watts station capacity and stated that they are empanelled with the OP No.3. The complainant paid a sum of Rs.70,000/- to the OP No.1 & 2 through cheque (Annexure C-1). No agreement has been done or no invoice has been issued by the OP No.1 & 2 till date. It is submitted that OP No.3 has removed OP No.1 & 2 from their panel as well.  A letter dated 15.01.2020 was written by the complainant to the CREST (OP No.3) for inspection of the 3 KWP unit. The OP No.3 visited the residence of the complainant and inspected that solar power plant unit and found that “Grid tie inverter and Bi-directional Meter” are yet to be installed, which shows that the work is still incomplete by OP No.1 & 2, despite receipt of the amount in May 2018. The work of the installation of the solar power has not been completed till date by OP No.1 & 2. The letter dated 15.01.2020 and the inspection report of OP No.3 dated 16.07.2020 are annexed as Annexure C-2 & C-3. The installation of the solar system is mandatory for houses of 500 sq. yards and above as per the notification dated 18.05.2016 of the Chandigarh Administration (AnnexureC-4). The complainant sent a legal notice to the OP’s on 27.07.2020 giving them 10 days time to complete the work or to refund the money with interest but all in vain (Annexure C-5 colly). Hence, the complainant filed the present consumer complaint for directing the OP No.1 & 2 to refund the entire paid amount of Rs.70,000/- along with interest.
2.     Notice of the complaint was sent to OP No.1 & 2 seeking their version of the case. However, nobody appeared on behalf of OP No.1 & 2 despite following proper procedure, therefore they were proceeded ex-parte on 22.10.2021.
3.      OP No.3 contested the consumer complaint. As per it, the OP No.3 being a nodal agency for implementation of solar projects at Chandigarh empanels various vendors from time to time through e-tendering subject to the terms and conditions stipulated by MNRE and DNIT. OP No.3 had blacklisted the OP No.1, while debarring it from all future tenders of the OP No.3 for 3 years. Copies of final show cause notice dated 17.02.2020 and office order dated 29.01.2021 are annexed as Annexure R3/6 collectively. Pleading that there is no deficiency in service or unfair trade practice on its part, OP No.3 prayed for dismissal of the consumer complaint.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     The averments made in the consumer complaint on point of payment of Rs.70,000/- and other terms and conditions of the agreement in which manner the work was to be executed are supported with the affidavit furnished by the complainant.
7.     Significantly, Opposite Parties No.1 & 2 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties No.1 & 2 draws an adverse inference against them. The non-appearance of the Opposite Parties No.1 & 2 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. Under these circumstances, the complainant is entitled to refund of the amount paid by him alongwith interest and compensation.
8.     As far as Opposite Party No.3 is concerned, the complainant has failed to demonstrate as to how the act(s) of the answering respondent amounts to the alleged deficiency of the service or unfair trade practice, as the answering respondent has acted in a bona fide manner. The answering respondent No.3 i.e. CREST being a nodal agency is bound to adhere to the guidelines of the Govt. of India, through Ministry of New & Renewable energy. Further we are of the concerted view that the complaint consists of a technical defect as such there is non-joinder of party by not impleading MNRE, GoI as a party to the complaint. Hence, no reliance can be placed on the baseless and false assertions made therein by the complainant against the Opposite Party No.3 in the instant complaint. Hence, the captioned complaint is liable to be dismissed in favour of Opposite Party No.3.

 

9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.1 & 2 are directed as under :-

1. To refund amount of ₹70,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹15,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.
4. to remove the material/solar panel system from the residence of the complainant.

10.     This order be complied with by the OP No.1 & 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) & (iv) above.
11.     Since neither any deficiency in service or unfair trade practice has been alleged nor any relief has been prayed against OP No.3, therefore, the consumer complaint qua it stands dismissed with no order as to costs.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
06/03/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member