Chandigarh

DF-I

CC/178/2023

HARBHAJAN SINGH BASSI - Complainant(s)

Versus

M/S MAHIRA (Staten Solar Technologies) - Opp.Party(s)

NEERAJ SHARMA

09 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/178/2023
Date of Institution	:	5/4/2023
Date of Decision	:	9/12/2024

 

 

Harbhajan Singh Bassi S/o Sh.Hardit Singh Bassi R/o House No.1637, Sector-7, Chandigarh.

...COMPLAINANT

 

VERSUS

 

1. M/S Mahira (Staten Solar Technologies), Plot No.218, Industrial Area, Phase-9, Mohali 160103, through its Proprietor/Manager Sh. Arun Kumar Uppal.

2nd Address:-

Plot No.D-124, Industrial Area, Phase-7, Mohali, PB.

2. Sh.Arun Kumar Uppal Proprietor/Manager, M/S Mahira (Staten Solar Technologies), Plot No.218, Industrial Area, Phase-9, Mohali- 160103.

3. Chandigarh Renewable Energy and Science Technologies Promotion Society (CREST), Paryavaran Bhawan, First Floor, Sector 19-B, Madhya Marg, Chandigarh through its authorized representative.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Gaurav Bhardwaj, Adv. proxy for Sh.Neeraj Sharma, Adv. for Complainant.
	:	OP No.1 & 2 ex-parte.
	:	Sh.Ravinder Singh, Adv. proxy for Sh.Prince Goyal, Adv. for OP No.3.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had purchased three solar power plants from the OP vide order dated 18.09.2018. As per the purchase orders OP were to supply and install 12.5 KW solar power plant, 3KW solar power plant and 2 KW solar power plant (Annexure C-3 to C-5). OPs have also agreed to supply and install these solar power plant at Rs.11,15,000/- only. Complainant paid Rs.10,53,675/- to the OP alongwith an amount of Rs.61,335/- as tax (Annexure C-6 & C-7). Despite this fact OP till date have not completed the job. OP has not started metering and not commissioned the above three solar power plants. Complainant approached the OP so many times and also through whatsapp messages, requested to get complete the net metering and to get start commissioning of the above three solar power plants. However, OPs always delay the matter either on the pretext on Covid-19 or due to personal problem. The complainant waited for sufficient time with the hope that OPs will complete the entire work, but the OPs failed to install and complete the entire work of Solar Power Plants. When the complainant contacted with the OPs they linger on the matter on one pretext or the other, finding no other option the complainant sent a legal notice dated 14.02.2023 (Annexure C-10). Hence, is the present consumer complaint.
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 17.5.2024.
3.     OP No.3 contested the consumer complaint, filed its written reply and stated that since, no service was ever rendered by the answering OP to the complainant and hence, the complainant is not the consumer of the answering OP. Further, as per the conceded case of the complainant, it was the complainant himself who after due deliberations, choose the OP No. 1 & 2 for getting the SPV installed at his premises. The answering OP does not have any privity of contract with the complainant. Also, the complainant has completely failed to demonstrate in the complaint as to how the acts(s) of the answering OP amount to the alleged deficiency of service or unfair trade practice, as the answering OP has acted in most fair and bona fide manner. Thus, the present complaint qua the answering OP is completely misconceived and not maintainable and is thus, liable to be dismissed qua the answering OP. On these lines, the case is sought to be defended by OP No.3.
4.     No rejoinder was filed by the complainant.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the parties and gone through the record of the case.
7.     The main grievance of the complainant is that inspite of paying an amount of Rs.10,53,675/- to the OP No.1 & 2, they have installed one part of solar power plant only.
8.     We have perused the Annexure C-3 to C-5 which are copies of purchase orders of 12.5 KW solar power plant, 3KW solar power plant and 2 KW solar power plant respectively. As per documents, it is also observed that OP No.1 & 2 have completed only 2 KW Solar Power Plant.
9.     Significantly, OP No.1 & 2 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP No.1 & 2 draws an adverse inference against them. The non-appearance of the OP 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.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. The OP No.1 & 2 are, jointly & severally, directed as under:-

1. to refund an amount of ₹9,31,675/- (total amount paid ₹10,53,675 - ₹1,22,000/-) to  the complainant alongwith interest @ 9% per annum (simple) from the date of filing of this complaint onwards.
2. to pay an amount of ₹10,000/- 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.

11.     The consumer complaint qua OP No.3 stands dismissed with no order as to costs.
12.     This order be complied with by the OP No.1 & 2 within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realization, over and above payment of ligation expenses.
13.     However, after the payment of the awarded amount aforesaid, the OP No.1 & 2 are at liberty to collect the product alongith its accessories installed against the purchased order 1 & 2 in question from the premises of the complainant.
14.     Pending miscellaneous application, if any, also stands disposed of.
15.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

9/12/2024			[Pawanjit Singh]
Ls			President
			[Suresh Kumar Sardana]
			Member