District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.326/2019.
Date of Institution: 04.07.2019.
Date of Order: 09.06.2022.
Pradeep Kumar S/o late Shri Bhagwan Singh R/o House No. 486, Azad Nagar, Ballabgarh, District – Faridabad.
…….Complainant……..
Versus
M/s. Zone Roof Tech Pvt. Ltd., 6th floor, Paras Trinity, Sector-65, Gurugram, Haryana – 122021.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Kirpa Ram, counsel for the complainant.
Opposite party ex-parte vide order dated 02.03.2022.
ORDER:
The facts in brief of the complaint are that the complainant after completing discussion with the company/officials of the opposite party and receiving and confirming email, booked a “Solar PV System installed on the roof” as the opposite party given the name of its product for installing the Solar PV System on the roof of the complainant. As per the terms and conditions, the above said project should be installed as well as functioning within three months from the date of deposit of initial deposit amount on 26.11.2017 but the opposite party insptie of receiving most of entire amount had not completed or installed the above said project inspite of expiry of one and half year. After discussions and negotiations on dated
25.09.2017. The total cost was settled Rs.1,65,000/-. Out of which amount of Rs.33,000/- i.e 20% amount deposited by the complainant on 26.11.2017 with the company of the opposite party and the opposite party assured to the complainant that the opposite party would complete the project within 3 months and it would be started functioning within one week. The opposite party after receiving amount of Rs.82,500/- on 24.01.2019, the officials of the opposite party on dated 27.01.2019 put some material with regard to install the project in the premises of the complainant. As per the terms and conditions of payment schedule was as below:-
i) 20% at the time of order confirmation =INR 33,000
ii) 50% on signing SECI subsidy contract INR 82,500
iii) 25% 4 days before delivery of material (PV modules, inverter) = INR 41,250/-
iv) 5% after net-metering + INR 8,250/-
As per terms and conditions of payment schedule which was reducing in writing through emails, the complainant deposited the payment 20% i.e 33,000/- at the time of confirmation of order on 26.11.2017, 50% i.e. 82,000/- on signing SECI subsidy contract on 24.01.2019 and 25% i.e 41,250/- on 4 days before delivery of material (PV Modules, inverter) on 21.02.2019, hence the complainant had paid/deposited total an amount of Rs.1,56,750/- to the opposite parties as per the schedule payment. The complainant booked the above said project/solar electric systems for the saving of electricity bills and for getting the subsidy from the Govt. Agency with intention to save the money but the opposite party with malafide intention after getting huge amount on the name of installing project, cheated the complainant and grab the hard earned money of the complainant by showing the false and fictitious dream on the name of installation of the said project and extorted above said amount of Rs.1,56,750/-. The complainant sent legal notice dated 11.04.2019 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the entire advance deposited amount of Rs.1,56,750/- alongwith interest @ 24% p.a. from the date of deposit till its realization to the complainant.
b) pay Rs. 20,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 5500 /-as litigation expenses.
2. Notice issued to opposite party on dated 18.02.2022 not received back either served or unserved . Tracking details filed in which it had been mentioned that ”Item Delivery Confirmed”. Therefore, opposite party was proceeded against ex-pare vide order dated 02.03.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – M/s. Zone roof Tech with the prayer to: a) refund the entire advance deposited amount of Rs.1,56,750/- alongwith interest @ 24% p.a. from the date of deposit till its realization to the complainant. b) pay Rs. 20,000/- as compensation for causing mental agony and harassment . c) pay Rs. 5500 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW1/SA – affidavit of Shri Pradeep Kumar, Ex.C1 to 5 – emails, Ex.C6 – statement of account, Ex.C-7 to C9 – emails, Ex.C-10-receipt, Ex.C-12 & 13 – emails, Ex.C-14 – legal notice, Ex.C-15 – postal receipt.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to refund the entire advance deposited amount of Rs.1,56,750/- alongwith interest @ 6% p.a from the date of filing of complaint till its realization.
Opposite party is directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 09.06.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
