BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.68 of 2020

Date of Instt.29.01.2020

Date of Decision:-28.09.2021

Raghubir Singh son of Surinderjeet Singh r/o 35, Ujala Nagar, Basti Sheikh, Jalandhar.

..........Complainant

Versus

M/s Zunroof Tech Private Limited Office Address 581, Sector-43, DLF Phase 5, Gurgoan (Guru Gram) 122002.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

Sh. Jaswant Singh Dhillon (Member)

Present:             Sh. H. S. Sachdeva, Adv. Counsel for the Complainant.

     OP exparte.

Order

Kuljit Singh (President)

1. The instant complaint has been filed by the complainant, wherein alleged that the sale executives of the OP approached the complainant in the month of August 2018 and allured to get installed solar panel to save the electricity and proclaimed that OP is providing best services in the market. The complainant fell into the trap of the OP and agreed to get install the solar panel as per the advise of said sales executive and paid an amount of Rs.10,000/- as advance on 21.09.2018. On his assurance, the complainant entered into the agreement dated 19.11.2018 bearing agreement No.AUG18252, which is Ex.C1. The total sale price of the solar system is Rs.2,00,000/- including installation, getting approval from PEDA and PSPCL. That as per the agreement, the complainant was to pay the sale price of the said solar system on four installments. However, the complainant paid an amount of Rs.40,068/- i.e. Rs.10,000/- on 21.09.2018 and amount of Rs.30,068/- on 01.12.2018 and confirmation of email of such payment are Ex.C2 and Ex.C3. That thereafter the OP failed to initiate any step to install the said solar system and was lingering on the matter on the pretext that since their application for approval is pending before PEDA and thereby failed to install the said solar system. That inspite of the fact that the OP has done nothing, they send email on 21.01.2019 to the complainant demanding an amount of Rs.1,00,170/- which is 50% of the total payment, whereas as per the initial agreement executed between the complainant and the OP, it was mentioned that the complainant shall pay 30% of the total after approval of structural drawing. Moreover, the structural drawing of the project got approved by the OP in the month of January 2019 but inspite of grant of approval in the month of January 2019, the OP did not take any action to initiate installation of structure of the solar system and rather demanding the amount more than the agreed amount and thereby the OP has been lingering on the matter on one pretext or the other. Now, more than one year has passed from the date of receipt of alleged approval, the OP failed to do the needful. The emails exchanged between the complainant and the OP are Ex.C-4 to Ex.C-15. That fed up with the attitude of the OP, the complainant send email on 13.03.2019 the complainant cancelled his project and intimated the OP and requested to refund the amount paid by him to the OP as detailed above. That now about inspite of passing of about 1 year, the OP has failed to refund the amount and again thereby harassing the complainant without any reason or the rhyme. It is a clear cut case of deficiency in service, unfair trade practice and neglected on the part of the OP 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.40,068/- alongwith interest @ 18% per annum from the date of payment till actual payment and further OPs be directed to pay Rs.1,00,000/- as damages on account of mental tension and harassment and further OPs be directed to pay Rs.22,000/- as litigation expenses.

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

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

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

5. From the record i.e. pleadings of the parties and the evidence produced on record by complainant, it is clear that the complainant applied for purchase of solar panel from OP and paid Rs.40068/-. Solar system was not installed by OP. The complainant submitted that the solar system did not provide by OP.

6. In nutshell, the allegations of the complainant in the complaint that he intends to purchase said solar panel but OP filed to install the solar as requested by complainant. The complainant tendered his affidavit whereby he retreated/repeated the allegations, as made in the complaint. Despite assurance that the solar panel installed, OP failed to install the solar panel and return the amount as received from complainant and as such we came to conclusion that there is deficiency in service on the part of OP.

7. In the light of above detailed discussion, this complaint of complainant is exparte partly accepted to the effect that OP is directed to return the amount as received from complainant alongwith interest @ 6% per annum from the date of amount received till realization and further OP is directed to pay a compensation of Rs.3000/- and litigation of Rs.2000/- to the complainant. The entire amount shall be paid by the OPs within 45 days from the date of the receipt of the copy of the order.

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

Announced in open Commission

28^th of September 2021

Kuljit Singh

(President)

Jyotsna

(Member)

Jaswant Singh Dhillon

(Member)