Chandigarh

DF-II

CC/36/2020

Ms. Rajinder Kaur vidwan - Complainant(s)

Versus

M/s Mahira (Staten Solar Technologies), - Opp.Party(s)

Adv. Ajay sood

02 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	36/2020
Date of Institution	:	16.01.2020
Date of Decision	:	02.06.2022

 

                     

Rajinder Kaur Vidwan w/o Sh.Hardeep Singh Vidwan aged 66 years r/o House No.1123, Sector 33-C, Chandigarh through her SPA Sh.Hardeep Singh Vidwan.

                 ...  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.

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

…. Opposite Parties

BEFORE:
	SMT.PRITI MALHOTRA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Ajay Sood, Adv. for the complainant
	OPs exparte.

 

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that  OP No.3 vide public notice and notification dated 20.12.2016 (Annexure C-1) made mandatory to install a SPV Power Plants in UT, Chandigarh for 1 KWP to upto 500 KWP in residential houses of 1 Kanal and OPs No.1 and 2 were empaneled manufacturer/system integrators for rooftop grid connected SPV Power Plants in Chandigarh  and as such she approached OPs No.1 and 2  for installation of Solar Power Plant at the roof of her house who vide purchase order dated 10.04.2018 offered the Solar Power Plants of description of supply and installation of 3 KW Solar Power Plant on GRID consists of Jakson Solar Module rated 6 No. x 325 watt structure for solar modules on flat roof and power supply unit for Rs.1.75 lakhs only and she was entitled to subsidy from the Ministry of the MNRE. The complainant paid Rs.70,000/- as advance payment through cheque dated 10.04.2018 and Rs.1,13,750/- vide cheque dated 13.06.2018 to OPs No.1 and 2  which includes the basic price and Rs.8750/- towards 5% GST. The complainant authorized her husband to sign the terms and conditions with OPs No.1 and 2 and all other acts and powers concerning the installment of the solar power system.   The husband of the complainant approached the concerned Department to get the subsidy and completed all the requisite formalities, as desired by OPs No.1 and 2.  The officials of the Electricity Department vide letter dated 13.07.2018 (Annexure C-5) informed the complainant that 2 KWP Grid-Solar Power Plant was inspected and found in order at the time of checking.  It has further been averred that OPs No.1 and 2 installed 2 KWP Grid-Solar Power Plant instead of 3 KWP Grid-Solar Power Plant as per the purchase order dated 10.04.2018 and the husband of the complainant asked the reason for this but they failed to give any reason. Subsequently, the complainant came to know from the concerned Department that the approved rates for 2 KWP Grid-Solar Power Plant consists of Jakson Solar Module rated 6 No. x 325 watt structure for solar modules on flat roof and power supply unit are Rs.56,950/- per KWP and as such a sum of Rs.1,13,900/- were required to be charged  from the complainant for 2 KWP  Grid instead of Rs.1,75,000/- and as such the complainant requested the OPs No.1 and 2 to refund overcharged sum of Rs.61,100/-. She also wrote a letter dated 28.08.2019 requesting OP No.3 to get refund the excess amount of Rs.61,100/- from OPs No.1 and 2. Finally, the complainant served a legal notice upon OPs No.1 and 2  but the same failed to yield any result.     Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.
2.     Despite due service through registered post, OPs No.1 and 2 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 19.04.2021. OP No.3 also failed to put in appearance despite due service and as a result thereof it was also ordered to be proceeded against exparte vide order dated 22.03.2022.
3.     We have heard the Counsel for the complainant and have gone through the documents on record.
4.     The perusal of the documentary evidence on record as well as the affidavit of the complainant filed in support of the complaint shows that OPs No.1 and 2 have installed 2-KWP SPV Power Plant instead of 3-KWP SPV Power Plant as per the purchase order dated 10.04.2018 (Annexure C-3) and OPs No.1 and 2 charged Rs.1,75,000/- besides Rs.36,000/- as 5% GST from her. Whereas from the perusal of the contents of the letter (Annexure C-8) issued by the Chandigarh Renewable Energy and Science Technologies Promotion Society (CREST), Chandigarh Administration i.e. OP No.3 to the OP-Company,  it is established that the approved rate is Rs.56,950/- per KWP under (1KWP to 2KWP) and the complainant was, thus, liable to pay Rs.1,13,900/- for 2 KWP Grid instead of Rs.1,75,000/- and, in this manner, the complainant was overcharged for a sum of Rs.61,110/- and the aforesaid overcharged amount has not been refunded by OPs No.1 and 2 to the complainant despite her repeated requests which itself amounts to deficiency in service, as also indulgence into unfair trade practice on their part.
5.     In view of the above discussion, the present complaint deserves to be allowed qua OPs No.1 and 2 and the same is accordingly allowed. OPs No.1 and 2 are directed to refund the overcharged amount of Rs.61,100/- to the complainant along with interest @ 9% p.a. from the date 13.06.2018 till its actual payment.  The OPs shall also pay compository compensation of Rs.11,000/- to the complainant on account of mental agony  and physical harassment as well as litigation expenses.
6.     This order be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which the OPs shall pay an additional amount of Rs.5,500/- to the complainant, apart from the above reliefs.
7.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 02/06/2022
	Sd/- (PRITI MALHOTRA) PRESIDING MEMBER
	Sd/- (B.M.SHARMA) MEMBER