Orissa

Cuttak

CC/363/2023

Tapan Kumar Sahoo - Complainant(s)

Versus

Nexus Solar Energy Pvt Ltd - Opp.Party(s)

06 Aug 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK.

 C.C.No.363/2023

Tapan Kumar mSahoo,

S/o: Prahallad Sahoo,

Resident of Village:Patani,

P.O:Kendupalli,P.S:Baideswar,

Dist:Cuttack-754009.                                                    ... Complainant.

 

          Vrs.

 

1.        Nexus Solar Energy Pvt. Ltd.,

Represented through its Director,

Regd. Office at: House No.81,

Chola Choki Shahapur Kala,

Bhulandshahr,Uttar Pradesh-203202.

 

2.        Authorized Signatory,

Shree Shree Lingaraj Distributor,

Plot No.2027,Badadanda Sahi,

Old Town,Bhubaneswar,

                     Dist:Khordha-751002.                     ...Opp.Parties

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    30.10.2023

Date of Order:  06.08.2024

 

For the complainant:             Mr. B.S.Rayguru,Adv. & Associates.

For the O.Ps               :             Mr. P.K.Swain,Adv. & Associates.

 

Sri Debasish Nayak,President

Case of the complainant as made out from the complaint petition bereft unnecessary details in short is that intending to purchase Solar PCU system of Nexus Solar energy on 11.1.2022 the complainant had purchased UP-Grid Solar System(Solar Panel MPPTPCU-200AH Battery) from the O.Ps having Model No.NEXUBA08MPP1942 with a Rating of 1KVA/12V COPPER(+) SOLAR RANGE (VOC)  18V (Min)-45V(Max) for a price of Rs.57,500/-. The said product had warranty of 2 years from the date of it’s purchase.  Few days after installation of the said Solar System, the complainant noticed some back-up problem during functioning of the purchased Solar PCU system/Inverter.  Immediately on 22.6.2023 he had lodged a complaint through the Customer Care number of the O.Ps and he was advised to send a two minute video recording of the Solar PCU system while on charging of it as well as it’s  Model number, Bar Code of the said PCU System alongwith address of the complainant.  Accordingly, the complainant had sent the same but the O.Ps had sent some illusory replies only to the complainant in that aspect without taking any effective step to rectify the defect.  The complainant thereafter on 3.7.2022 had reported the matter to the distributor of the product who had sent a technician and the said technician had repaired the defect on payment of Rs.600/- including the cost of the spare parts. But three days thereafter again another problem had arisen regarding disbursement to charge from the solar panel.  Again the complainant had intimated the matter through the Customer Care to the O.Ps who only had given illusory replies without resolving the issue.  After running from pillar to post in that aspect, when complainant was disgusted for receiving only illusory remarks from the O.Ps on several occasions without resolving the issue, the complainant having no other way out has come up with his petition before this Commission seeking replacement of the defective products as sold to him by the O.Ps who should provide him a new product or in the alternative refund him the money as paid by him for the said product to the tune of Rs.57,500/-. The complainant has also prayed for a sum of Rs.10,00,000/- towards compensation from the O.Ps for his mental agony and harassment and further a sum of Rs.5000/- as compensation towards the electric bill as consumed together with a further sum of Rs.10,000/- in order to meet his litigation expenses.  He has also prayed for any other order as deemed fit and proper.

          Alongwith his complaint petition, the complainant has annexed copies of certain documents in order to prove his case.

2.       Both the O.Ps have contested this case and they have filed their joint written version wherein they have admitted that the complainant had purchased MPPT model solar PCU system from them vide serial no.NEXUBAO8MPP1942 which had performance warranty but they urged that the case of the complainant is not maintainable which is liable to be dismissed as the complainant has no cause of action.  According to them, the complainant has filed a vexatious petition which is devoid of any merit and is thus liable to be dismissed with exemplary cost.  They have also prayed for any other order as deemed to be fit and proper.

          Alongwith their written version, they have also annexed copies of certain documents in order to support their stand.

          The O.Ps have also filed evidence affidavit here in this case through one Vijay Pal Singh who has reiterated the contents of the written version of the O.Ps in his evidence affidavit.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether the O.Ps have practised any unfair trade and if there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.I.

Out of the three issues, issue no.ii  being the pertinent issue is taken up first for consideration here in this case.

On perusal of the complaint petition, written version, written notes of submission as filed from both the sides, evidence affidavit filed by the O.Ps  as well as the copies of documents available in the case record, it is noticed that admittedly the complainant had purchased from the O.Ps one Up-grid Solar System for a price of Rs.57,500/- on 11.1.2022 which had warranty for two years.  It is not in dispute that after installing the said product having certain issues, the complainant had lodged complaint through the Customer Care on 22.6.2023 and had thereafter reported the matter to the O.P/Distributor on 3.7.2023.  He had paid a sum of Rs.600/- for it’s repair also.  Again, three days thereafter, there was certain other problems which he could notice in his said purchased product and for the said reason, he had again lodged complaint on 7.7.2023 through the Customer Care of the O.Ps. 

On careful scrutiny of the mail chattings as made in between the complainant of this case and the O.Ps, it is noticed that indeed the O.Ps had only given pseudo hopes to the complainant without actually rectifying the defect noticed in the purchased PSU Solar System of the complainant which they had sold to him and was under warranty.  When the purchased product has a two years warranty, it is not understood as to why the O.Ps were so much reluctant to respond to the grievances of the complainant time and again and had turned a deaf ear to his grievances by giving only pseudo assurances to him without rectifying the problem on resolving the issue as noticed in the purchased set of the complainant.  Ofcourse, the claim of the complainant that he had borne the expenses of Rs.600/- by paying the same amount to the technician when his purchased set was being repaired on 3.7.23, is not supported with any documentary proof.

Be that as it may, when admittedly there is warranty on the product  sold by the O.Ps to the complainant and when there is no scrap of document made available from the side of the O.Ps that they had infact acted promptly and had rectified the defect on the purchased product of the complainant which was within the warranty period, such callous attitude of the O.Ps for not responding promptly to the grievances of the complainant clearly signifies their practice of unfair trade as well as shows that they were deficient in their service.  Accordingly, this pertinent issue goes in favour of the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is definitely maintainable and he is thus entitled to a reasonable amount of relief as claimed by him from the O.Ps here in this case.  Hence it is so ordered;

ORDER

The case is decreed on contest against the O.Ps  who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to rectify the defects in the purchased MPPT PCU Solar System to the satisfaction of the complainant immediately free of cost or in the alternative, to refund the cost of the said product  i.e. Rs.57,500/- to him.  The O.Ps are also directed to pay the complainant an amount of Rs.80,000/- as compensation for his mental agony and harassment as well as to pay him a further sum of Rs.20,000/- towards the cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on this the 6^th day of August,2024 under the seal and signature of this Commission.         

                                                                                      

                                                                                      Sri Debasish Nayak

                                                                                              President

 

 

                                                                                          Sri Sibananda Mohanty

                                                                                                      Member