O R D E R
SUBHASH GUPTA, MEMBER
The present complaint has been filed by the Complainant against the Opposite Party, hereinafter to be referred as OP, under section 12 of Consumer Protection Act, 1986 hereinafter to be referred as the ‘Act’ The brief facts as alleged in the complaint are that the complainant purchased a 200 liter ETC based Solar Water Heater vide Invoice No.MB-SWH-S-10-340 dated 24.3.2012 for a sum of Rs.44,600/- from the OP. It is alleged in the complaint that at the time of purchase of the said Solar Water Heater, the OP had conveyed and represented to the complainant that he will be entitled for a sum of Rs.15,000/- towards subsidy amount within a period of three months from the date of purchase. It is further pleaded that when the complainant contacted the OP for refund of the amount of subsidy, the OP informed that it had not received the subsidy amount from the Govt. and as and when it received the subsidy amount it will be passed over to the complainant. It is alleged in the complaint that on repeated letters/reminders to the OP, the complainant received an undated letter from the OP in connection with refund of subsidy amount. Vide this letter the complainant was advised to send the signed original bill along with self-attested ID proof stating that the complainant had received the subsidy amount. This letter contemplated refund of the subsidy amount within two months. It has been further pleaded by the complainant that in response to the undated letter received by the complainant on 4.10.2013, the complainant sent the desired documents upon the assurances of the OP. It has been further pleaded that despite this the complainant did not receive the subsidy amount from the OP. The complainant made a complaint against the OP to the Department of Environment, Govt. of NCT of Delhi, Vikas Bhawan, New Delhi. The complainant also filed an application under RTI Act and from the reply he came to know that there is no process of refund of the subsidy to the purchaser. He further came to know that at the time of installation of the Solar Water Heater, customer gets the benefits of the subsidy at the time of purchase itself from the manufacturer/supplier.
2. On the basis of above facts the complainant has filed the present complaint alleging deficiency in service as well as unfair trade practice under the Act. The complainant has claimed refund of Rs.15,000/- alongwith interest @ 24% and compensation of Rs.1,00,000/- for the social embarrassment, mental harassment, mental agony and litigation cost etc.
2. Notice of the complaint was issued to the OP which was duly served but none appeared and vide order dated 2.3.2016 OP was ordered to be proceeded ex-parte. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint. The complainant has also filed various documents such as Cash Retail Invoice, copy of undated letter, copy of letter sent by the complainant to the OP and copy of reply dated 24.4.2014 received in response to RTI Application made by him along with other documents which are placed on the file.
3. We have carefully gone through the complaint and all the documents placed on the file. We have also heard the Ld. Counsel for the complainant at length. The reply received by the complainant in response to the RTI Application which is Ex.CW-8 clearly states that the benefit of subsidy should have been given by the OP at the time of sale of Solar Water Heater itself i.e. on 24.3.2012. The omission on the part of OP by not giving the subsidy amount at the time of sale leads us to conclude that the benefits given by the Govt. in promoting Solar Energy is not being passed over to the consumers and it is being usurped by the unscrupulous manufacturer/dealers. This practice is causing harassment and inconvenience to the consumers for which they have to take legal recourse for their rightful dues.
4. In our considered view the OP was deficient in service as well as indulging in unfair trade practice. OP is accordingly directed to pay a sum of Rs.15,000/- to the complainant along with interest @ 6% from the date of sale of Solar Water Heater i.e. from 6.8.2012 till its actual realization. The complainant is also entitled to be compensated for deficiency in service as well as indulgence in unfair trade practice on the part of the OP. Accordingly OP is further directed to pay a sum of Rs.7,000/- as compensation to the complainant. The OP is further burdened with litigation cost of Rs.3,000/- payable to the complainant for which OP itself is to be blamed for unnecessarily forcing the complainant into the present litigation. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 30th day of April, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
