Counsel for the parties:

For the Complainant:  In person

For the  O.P1: Self,

For OP 2& 3: Shri M.R.Mohanty,Advocate

                                                                                   JUDGMENT

Shri A.K.Patra,President

1. This Complaint is filed by the complainant named above inter alia alleging deficiency in service and unfair trade practice on the part of the Ops for non replacement of the defective good/damaged Battery of the Solar System within the warranty period of purchase.
2. The complainant seeks for an order directing the ops to provide a new Battery of same model by replacing the damaged one and further rayed for an award of reasonable compensation along with litigation cost.
3. The brief facts  as emerged from the complaint petition and documents filed herewith giving rise to the present  complainant are that, the complainant  has purchased a 2.5 K.V Solar System with 4 PC Battery from   M/s Shyam Ji Enterprises, Junagarh/  Opp.Party No.1(one) for a sum  of Rs.2,29,950/-vide Tax Invoice  No.SE/58  dt.01/10/2019 with warranty period of 5 years. When the battery was not worked properly within the period of warranty & it got damaged   he/ complainant reported the matter  to the Company but no action was taken by them for which the complainant lodged a complaint which was registered vide No.20032303 dt.20.03.2023 but it was not responded. Hence this complaint is filed along with coy of Tax Invoice  No.SE/58  dt.01/10/2019 & certificate of installation dt.01.10.2019 with warranty for a period of 5 years.
4. On being notice, the Opp.Party No.1 appeared and filed his written version admitting the fats that ,the Opp.Party No.1 has sold a solar Off Grid Roof System of 2.5KW with 4 Nos. of battery to the complainant vide Bill No.SE/58  dt.01/10/2019 and after receiving a complaint from the complainant  the Opp.Party No.1  lodged complaint to the Company i.e. Jakson Engineering Ltd. vide Complaint No. 20032303 dt.20.03.2023  but there is no response  from the  Company. The Company has not deputed any engineer to attend the problems alleged by the complainant. It is further submitted that, as per the Company policy, the Company provides 5(five) years of guarantee on battery and as per the assurance of the Company the Opp.Party 1(one) provide service to the customer but in this case till date the Opp.Party No.1 has not received any assurance from the side of the Company for which the Opp.Party No.1  is unable to replace the alleged battery. 
5. The Opp. Party No.  2 & 3 appeared through their advocate Shri M.R.Mohanty and filed their   written version inter alia denying the petition allegations on all its material particulars.
6. The Opp.Party No.2 & 3 submitted that, the complainant has  approached Opp.Party No.1 for purchase of Jakson make Solar Off Grid Roof Top System(Solar Panel 260 Watt*8,Solar PCU 2.5 KVA*1,Battery 150Ah*4,Galvanize Structure 2 Set) and the Complainant vide his Complaint No.20032302 dt.20.03.2023 has intimated that,  said battery is totally out of service. On receipt of complaint, the Opp.Party No.2 & 3 has contacted the complainant and during telephonic discussion with the complainant, it was informed that, the system is giving back up of 2 hours and 30 minutes at 1000 watt load. It seems that, the system is working fine even after three years. Hence, this complaint is not maintainable and Opp.Parties are not liable to pay any compensation or any replacement and prayed to dismiss the complaint against Opp.Party No.2 & 3 with costs of Rs.10,000/- upon the complainant and  in favour of the Opp.Parties and remove the Op No.2 & 3 as Opp.Party No.2 & 3 in this case as the Op No.2 & 3 are made  an unnecessary party to the present complaint  and direct the complainant to pay damages and legal fees as deemed fit  and proper .
7. Heard. Perused the material available on record. We have our thoughtful consideration on the submission of parties present.
8. To  substantiate his claim the complainant has file evidence on affidavit, the contention of which are corroborating with the averments of the complaint petition remain unchallenged /un-rebutted. He has also filed the coy of Tax Invoice No.SE/58  dt.01/10/2019 and  certificate of installation dt.01.10.2019 with warranty for a period of 5 years remain undisputed.
9.  No evidence on affidavit as prescribe under the C.P.Act 2019 is adduced by the OPs 
10. After perusal of the complaint petition, written version and all the documents relied on by both the parties placed in the record, the points to be decide is that, whether there is any deficiency in service and unfair trade practice on the part of the Ops for non replacement of the defective good/damaged Battery of the Solar System within the warranty period of purchase?.
11. Here in this case, it is proved on affidavit of the complainant that, the solar system did not work properly and found defect/got damaged within the period of warranty and that the complainant  lodged complaint before the Opp.Party No.1 as well as Opp.Party No.2 & 3 is not disputed. It is the bounden duty of the OPs to rectify the defects which arose within the warranty period.
12. It is also proved on affidavit of the complainant that ,the  2&3 has  not attend the complainant to rectify the defect alleged on the sold product and even failed to provide “after sale service” to the complainant .The Ops no 2&3 has neither  come forward to replace the defective good with new one of the same model  nor have return back the sale price of the said  goods  till date   which got damage within the period of  warranty .The complainant purchased/ the  Solar System , for his personal use  by paying an  amount of Rs.2,29,950/-but  could not use it due to defects arose within the period of warranty , the complainant’s wish of enjoyment of the  product  defeated as the OPs failed to  provide “ after sale service”  which amounts to deficiency in service under  Sec. 2(11) & unfair trade practice under Section 2(47) of C.C Act 2019 on the part of the O.ps  certainly caused financial loss and mental agony to the complainant need to be compensated .
13. Here it is observed  that,  the OPs failed to restore its normal functioning of the alleged goods for which the complainant suffered financial hardship & mental agony and finding no other option the complainant approached this Commission for redressal of his grievance .The complaint is found to be in time and well within the jurisdiction of this Honorable Commission. 
14. Hence, in view of the aforesaid discussion, we may conclude that, the opposite parties are deficient in their service & performed unfair trade practice .As such, a new Battery of the same model with fresh warranty is to be replaced without charging any extra amount to the complainant or else the Ops are liable to refund the amount of the product with interest also they are liable to pay compensation for mental   along with cost of this litigation to the complainant. In the result, this complaint is allowed in part with the following directions.

ORDER

                 The Opposite Party No. 1(one) is directed to  replace  the  allege Battery  with a new one of the same model with fresh warranty to the complainant without charging any extra amount and to pay monetary  compensation of Rs.5,000/- which include litigation  cost  to the complainant within four weeks from the date of receiving of this order   or in alternative pay back the sale price of the product/solar system i.e Rs 2,29,250  with interest @ 9% per annum    from the date of filing of this complaint i.e.27.03.2023 till its actual payment.

The Op No 1(one) is at liberty to get reimburse of the said awarded amount from the Op 2(two) & 3(three) on his own cost. It is further directed to comply the aforesaid order within four weeks from the date of receipt of a copy of this order falling which the OPs shall jointly be liable to pay Rs.500/-(five) each per day as compensation to the complainant till compliance of this order .The consumer complaint is party allowed in the above terms, pending application if any is also stands disposed of accordingly.

Dictated and corrected by me.

Sd/-

          President

                             I agree.

                                            Sd/-

                                         Member

     Pronounced in the open forum today on this    day of 13^th September 2023 under the seal and signature of this Commission . The pending application if any is also disposed off accordingly.

   Free copy of this order be supplied to the parties for their perusal or party may download the same from the Confonet be treated as copy served to the parties. Complaint is disposed of accordingly. Order accordingly.