Delhi

West Delhi

CC/13/316

AJAY KUMAR - Complainant(s)

Versus

NEW DIMENSION ECO PROJECTS LTD. - Opp.Party(s)

06 Sep 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO. 316/13

Sh. Ajay  Kumar Dingra

D-66, New Multan Nagar,

New Delhi-110056                                           ..…. Complainant

 

VERSUS

New Dimension Eco Projects  Ltd.

Through its Director Mr. Anil Bhatia

First Floor,

17,  South Patel Nagar

New Delhi-110008                                               ….Opposite Party

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. Brief facts of the case  are that  OP deals  in  business of Solar  Electric System  which produce  electricity  to meet the requirement of electricity of house hold.  The complainant came to know about business of OP through newspaper  wherein advertisement  was given in different local  newspaper for appointment of authorized dealer at smaller scale.  The complainant  was looking to earn his livelihood  for his family members and thus  contacted OP on phone when he was called to visit the office address of OP.  The OP gave  to him a Solar Electric System  and the cost of complete set was for a sum of 1,35,000/- including  30% i.e. Rs. 40,500/- subsidy granted by the government.  After      getting assurance by OP complainant paid a sum of Rs. 5,000/-  through  cheque  on 03.01.2013 .  It was also agreed by OP that in case of dis-satisfaction  about the  Solar Electric System the entire amount paid by the complainant without any deduction  shall be returned to the complainant.  After receipt of sum of Rs. 45,000/- vide cheque  NO. 0531161 dated 14.02.2013  OP  installed Solar Electric System  but the system was not having capacity  as it was agreed upon between  the parties as a result after installation of system it did not work out  properly.  OP assured that everything would fall in line. On assurance by OP complainant further advanced a sum of            Rs. 50,000/- vide cheque No. 0531162 dated 08.04.2013.  However  after having fed up with the services of  Solar System  complainant approached OP and apprised it of his  grievance as a result on 06.05.2013 OP sent his two employees who told  complainant that they have been sent by OP to take  back  Solar System for replacing  the same  but after lapse of more   25 days  neither  old Solar System nor the new one was supplied to complainant.  Hence the  present complaint for refund of Rs. 1,00,000/-  and  compensation. 

2.     OP filed written statement by taking preliminary objection that complainant is not a consumer also complainant inclined to become an authorized dealer of OP and  as such was required  to fulfill certain terms and conditions and also required  to make deposit  as per condition of business which he failed to do.  OP never sold a product to complainant in any manner.  The complainant never purchased any product   from OP nor did he file any receipt /bill/cash memo issued by OP. It is further admitted that equipment supplied to complainant for Rs. 1,35,000/-  was provided just for demonstration  purpose not for any personal consumption.  The complainant failed to deposit minimum required amount to become an authorized dealer of OP.  It was clearly mentioned in the advertisement that the applicant who wished to become authorized dealer will have to deposit minimum amount of                         Rs.2,00,000/-  for obtaining dealership.  The complainant is also guilty of suppression of facts. 

3.  Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.   He relied upon photocopy of  advertisement exhibited as  CW-1/2,  Coy of statement of bank  exhibited as CW1/3, Copy of the letter dated 09.02.2013 exhibited as CW 1/4 . 

The OP on the other handdespite ample opportunities by Forum did not file affidavit of evidence.Secondly the rightof OP to fileevidence was struck off by the Forumvide order dated 15.11.2016 and thereafterOP stopped attending the court proceeding

4.     We have heard the complainant  in person and perused record.

5.     We have perused the documents such as advertisement of OP , letter dated 09.02.2013  and e-mails sent by complainant to OP.  The advertisement is quite alluring whereby  complainant was totally misled for  installation of  the Solar Electric System by which  he could  have been able to earn his livelihood.  It has been proved by the complainant that OP failed to supply the solar set as promised in the advertisement nor did include the name of complainant  in the list of authorized dealer despite payment of Rs. 1,00,000/- by the complainant. The OP on the other hand, though claimed that it was the complainant who did not  comply the terms and conditions of the agreement by depositing the minimum amount for dealership.  This plea of OP does not hold water because the OP has not filed or proved any document in this regard. Therefore, plea taken by OP remains an oral claim not supported by any cogent evidence. From the documents placed on record by the complainant the deficiency on the part of OP is writ large. We have no hesitation in coming to the conclusion that the complainant has substantiated the contents of the complainant by adducing convincing evidence on record.

        Keeping in view the discussion stated above, we pass an award for refund of Rs. 1,00,000/- (Rupees One Lakh Only) in favour of Complainant against OP to paid within 45 days from the date of receipt of this order failing which OP shall liable to pay interest  @ 6% p.a from the date of filing the petition till actual realization. Further, we award compensation of Rs. 15,000/- for mental and physical harassment and litigation expenses.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

Announced this___6TH___ day of __September _____ 2019.

 

 

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                     

PRESIDENT                                                      MEMBER