IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 11th day of January, 2013
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 192/2012 (Filed on 14.12.2012)
Between:
K.M. Mathew,
Kizhakkeparampil House,
Padimon P.O., Kottangal Village,
Mallappally Taluk,
Pin – 689 587. … Complainant.
And:
1. M/s. Team Solar Renewable-
Energy Solution (P) Ltd.,
43/657, Chittoor Road,
Cochin – 682 018.
(Chittoor road Semetary Mukku).
2. Mrs. Lakshmi Nair,
Executive Vice President,
Team Solar Renewable-
Energy Solution (P) Ltd.,
43/657, Chittoor Road,
Cochin – 682 018.
3. Mr. Mohan Das,
Sales Executive,
Team Solar Renewable-
Energy Solution (P) Ltd.,
43/657, Chittoor Road,
Cochin – 682 018. …. Opposite parties
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.
2. The complainant’s case is that he had placed an order for installing a solar energy system at his house for ` 3,35,000 with the opposite parties on the basis of the advertisement given by the opposite parties by paying an advance amount of ` 1,00,000 on 01.10.2012. At the time of the booking, opposite parties assured that the system will be installed on 15.10.2012. But they have not complied with the same. Thereafter, the opposite parties intimated the complainant that it will be installed on 07.11.2012 and later the date of installation was changed to 25.11.2012. However, opposite parties have not installed the system so far inspite of the complainant’s repeated demands and they are not even attending the telephone calls of the complainant. The above said act of the opposite parties is a clear deficiency in service which caused financial loss and other hardships and sufferings to the complainant and the opposite parties liable to the complainant for the same. Hence this complaint for the realization of ` 1,57,000 under various heads from the opposite parties.
3. In this case, opposite parties are exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit of the complaint and Exts. A1 to A8. After closure of evidence, complainant was heard.
6. The Point: The complainant’s allegation is that the complainant and opposite parties 2 and 3 came to an understanding for installing a solar energy system of the first opposite party marketed by the second and third opposite parties at the house of the complainant for ` 3,35,000. On the basis of the said understanding, the second and third opposite parties collected an amount of ` 1,00,000 as advance by way of a cheque on 01.10.2012 and they have encashed the same on 04.10.2012. The date fixed for the installation was on 15.10.2012. But they have not installed the same on that date. Thereafter they have intimated the date of installation as 07.11.2012 and thereafter it was changed to 25.11.2012. Even though, they have given many dates for installing the system, they have not installed the same so far and now they are not even attending the calls of the complainant. The above said acts of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and hence the opposite parties are liable to the complainant for the same.
7. In order to prove the case of the complainant, the complainant filed a proof affidavit in lieu of his chief examination along with 8 documents. On the basis of the proof affidavit, the documents produced were marked as Exts. A1 to A8. Ext. A1 is the advertisement regarding the solar energy system published by the opposite parties in Malayala Manorama daily. Ext. A2 is a printed brochure of the equipment given by the opposite parties. Ext. A3 is the visiting card of the second opposite party. Ext. A4 is the purchase order form No. 624 dated 01.10.2012 issued by the opposite parties in the name of the complainant. Ext. A5 is the receipt No. 463 dated 01.10.2012 issued by the opposite parties in the name of the complainant. Ext. A6 is the photocopy of the cheque issued by the complainant in the name of the first opposite party. Ext. A7 is the certificate dated 21.11.2012 issued from Indian Overseas Bank, Mallappally Branch in the name of the complainant showing that the cheque given by the complainant was encashed by the opposite parties on 04.10.2012. Ext. A8 is the hand written installation details given by the second opposite party.
8. On a perusal of the available materials on record, it is found that the opposite parties agreed to install the solar energy system at the house of the complainant for ` 3,35,000 and they have collected an amount of ` 1,00,000 from the complainant as advance on 01.10.2012. As per the complaint and the proof affidavit, it is further seen that the opposite parties had not provided the solar energy system to the complainant as assured by them. Since opposite parties are exparte, the complainant’s case stands proved as unchallenged. Therefore, we find that the above said acts of the opposite parties are clear deficiency in service and thereby the complainant had sustained financial loss and mental agony and the opposite parties are jointly and severally liable for the same to the complainant. Hence this complaint is allowable.
9. In the result, this complaint is allowed, thereby the opposite parties are directed to pay an amount of ` 1,00,000 (Rupees One lakh only), the advance amount paid by the complainant along with compensation of ` 50,000 (Rupees Fifty thousand only) and cost of ` 10,000 (Rupees Ten thousand only) to the complainant within 10 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 12% interest per annum from today till the realization of the whole amount.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this 11th day of January, 2013.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant : Nil.
Exhibits marked on the side of the complainant:
A1 : Advertisement regarding the solar energy system
published by the opposite parties in Malayala Manorama
daily.
A2 : Printed brochure of the opposite parties.
A3 : Visiting card of the second opposite party.
A4 : Purchase order form No. 624 dated 01.10.2012 issued by
the opposite parties in the name of the complainant.
A5 : Receipt No. 463 dated 01.10.2012 issued by the opposite
parties in the name of the complainant.
A6 : Photocopy of the cheque issued by the complainant in the
name of the first opposite party.
A7 : Certificate dated 21.11.2012 issued from Indian Overseas
Bank, Mallappally Branch in the name of the complainant.
A8 : Installation details written and issued by the second
opposite party.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) K.M. Mathew, Kizhakkeparampil House, Padimon P.O.,
Kottangal Village, Mallappally Taluk,
Pin – 689 587.
(2) M/s. Team Solar Renewable Energy Solution (P) Ltd.,
43/657, Chittoor Road, Cochin – 682 018.
(Chittoor road Semetary Mukku).
(3) Mrs. Lakshmi Nair, Executive Vice President,
Team Solar Renewable Energy Solution (P) Ltd.,
43/657, Chittoor Road, Cochin – 682 018.
(4) Mr. Mohan Das, Sales Executive, Team Solar
Renewable Energy Solution (P) Ltd.,
43/657, Chittoor Road, Cochin – 682 018.
(5) The Stock File.
