BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.

Complaint No.101 of 2019

Date of Instt. 02.04.2019

Date of Decision: 22.06.2021

Shamsher Singh s/o S. Amar Singh Prop M/s Amar Electric Works, r/o 7, GTB Extension, Jalandhar.

….. Complainant

Versus

1. M/s Micromax Energy Limited Plot No.271, Phase-1, HSIDC, Barhi, Sonipat-Haryana Through its Mg. Directors/Director Shri Rajesh Aggarwal.

2. M/s Micromax Energy Limited A-21/14, Nariana Industrial Area, Phase-II, New Delhi-110028.

..…Opposite parties

Complaint Under the Consumer Protection Act.

Before: Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

Present: Sh. R. K. Uttam, Adv. Counsel for the Complainant.

OPs No.1 & 2 exparte.

Order

Kuljit Singh (President)

1. The present complaint has been filed by complainant against the OPs on the averments that the complainant has purchased 260 Watt Solar Panel, 160 Watt Solar Panel and PMEO S 4KVA/48V Off Grid Solar battery Inverters from the OPs vide separate bills on 28.06.2018 worth Rs.97,934/- and Rs.32,090/- total amounting to Rs.1,30,024/-. The OPs have sold the defective material and the complainant requested the OPs to receive back the said defective goods/batteries invertors through reminders, email, telephonically and as well as their concerned agents/employees/dealers who approached the complainant from time to time for selling the said inverter batteries to the complainant, but of no use. About one month’s back as per the assurance made by the OPs, the complainant send the defective goods to the OPs for its replacement but the OPs did not receive the same and sent back as it is to the complainant and on this way the complainant had also spent huge amount on the loading and unloading of the said goods. In this manner the OPs have cheated and defrauded the complainant for which the complainant reserves his rights to take criminal action against the OPs. That the complainant is legally entitled to get the said goods replaced or to get the amount of from the OPs which the OPs have already received from the complainant. Due to the illegal act and conduct of the OPs, the complainant has suffered a great mental tension, harassment and financial loss. That there is a gross negligence, unfair trade practice and deficiency in service on the part of the OPs. The complainant has also got issued a legal notice upon the OPs, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.1,30,024/- alongwith interest @ 24% per annum from the date of its purchase till its realization and further OPs be directed to pay Rs.2,00,000/- as compensation for causing mental harassment, tension, financial loss and torture and Rs.1,00,000/- as litigation expenses.

2. Notice of the complaint was given to the OPs, but despite service both the OPs did not come present and ultimately, both the OPs were proceeded against exparte.

3. In order to prove his respective version, the complainant produced on the file his evidence at the time of filing the case.

4. We have heard the learned counsel for the complainant and have also gone through the case file very carefully.

5. It is an established fact that complainant purchased 260 Watt Solar Panel, 160 Watt Solar Panel and PMEO S 4KVA/48V Off Grid Solar battery inverters from OPs, vide bill dated 28.06.2018 worth Rs.97,934/- and Rs.32,090/- total Rs.1,30,024/-. But complainant alleged that these were defective one. As per assurance made by OPs, the complainant send defective goods to OPs for its replacement but OPs did not receive the same and sent back to the complainant. Ex.C-1 is bill for Rs.97,934/- and Ex.C-2 is bill for payment of Rs.32,090/- . The complainant purchased the above said articles on 28.06.2018 and problem occurred in the same after one month and complainant send the defective goods to OPs, but OPs did not receive the same and sent it back to complainant. In this manner OPs have cheated the complainant. If complainant approached the OPs for replacement of the article in question then it is duty of OPs to replace the same or rectified the defect in the item as per assurance given by OPs at the time of purchase of the same. OPs have not produced any record or document in support of their case, it shows that they are negligent in providing the better services to complainant. The act and conduct of OPs proves deficiency in service or unfair trade practice on its part.

6. Keeping in view the totality of the facts and circumstances of the case, we allow the complaint of the complainant and directed the OPs to replace the defective inverter in question within a period of 45 days from receipt of copy of this order. The complainant is also entitled for Rs.5000/- as compensation for mental harassment faced by him and Rs.2000/- as cost of litigation.

7. The compliance of the order be made within 45 days from receipt of copy of this order. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work.

8. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

22^nd of June 2021

Kuljit Singh

(President)

Jyotsna

(Member)