This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has alleged that OP1 has been dealing in Solar Power Generating System in the Wable energy devices in the city of Calcutta and considering the advertisement complainant intended to purchase one solar power generator system and so, negotiated about the goods at the office of the OP and at the time of conversation OP submitted that they will provide dual charging inverter with Dip Panel and after fixing the said complainant will get energy which will deduct the consumption of his electricity more or less about 50% and being impressed by the OP2’s verdict complainant invested his hard earned amount of Rs.25,792/- on 27-07-2012 and purchased the said item with a hope that his electricity consumption shall be decreased more or less 50% and it was also stated by the OP that the complainant shall got 12 U Battery for the operation of the inverter but complainant did not get any satisfactory result out of the said devices and found that the Solar devices being sold by NVD Solar Limited is not working and, as such, inverter thereof is not operating and finding such problem in the solar devices being sold by the OP company complainant repeatedly reminded to the OP Company over phone at their toll free no. and made complaint regarding the disturbance and non-operation of the solar devices of the OP.

          On receipt of the complaint by the OP, OP sent one expert to visit the complainant’s house and after thorough checking the said expert told that the battery was not working properly and it should be 1400 watt but it is 1300 only but the said defects having no meaning further the said expert person expressed his view that since the UPS is adjacent to the battery and, as such, battery is not operating and now he has removed the said UPS from the battery side so the said solar devices will be worked but even after waiting for sometime the said solar panel did not function at all.  Finding no result, complainant again complained to the OP over phone and on repeated requests and reminder, One Mr. Halder of the OP assured to the complainant that he will visit and investigate problem after investigating the same and further said Halder told the complainant to change the battery and considering the suggestion of Mr. Halder as correct on 22-06-2013, complainant further invested a sum of Rs.16,060/- to purchase the battery of NVD Solar but the same was also found fruitless and the said solar panel 150 did not work and also did not give any result and truth is that even after installation of the same even after changing of the battery by purchasing further the consumption of electricity had not been decreased to the extent of any percentage that OP assured that consumption of the complainant’s electricity shall be decreased more or less about 50%. 

          Finding no alternative complainant sent a notice dated 26-08-2013 through registered post with A/D to the OP on 05-09-2013 but no reply was received from the end of the OP so, further reminder was sent to the OP on 13-09-2013 but in that case no reply was also received.  Thereafter, complainant again sent a reminder on 08-11-2013 against that OP responding on 12-11-2013 stating that alternative home line system shall be solved after final decision of the Directors but even then no result was received from the end of the OP.  But anyhow OP did not deny that the said solar system is defective since solar equipments in the house of the complainant.  Fact remains OP supplied defective solar system which did not function or operate since its installation by the OP even after investment of huge money and purchasing solar energy devices as per their advice and so in all respect the entire conduct of the OP tantamounts to deficiency and negligency on the part of the OP and unfair trade practice on the part of the OP.  Practically complainant has been harassed by the OP and also he suffered financial loss, mental pain and agony and for which complainant has prayed for damages to the extent of Rs.1 lakh and other reliefs.

          No doubt in this case the complaint was filed on 23-12-2012 and itr was admitted on 10-01-2014, thereafter, summon/notice of this case was issued upon the OP and both the OPs received the said summon on 14-02-2014 and same were duly served upon them as it is evident from the track result of EW231120635IN and EW231120644IN and track result of the Indian Post is also kept with the record.  But most interesting factor is that even after receipt of notice OPs did not turn up.  So, ultimately, giving such time to the OP for written version up to 24-03-2014 OP did not turn up for which the case was fixed for ex parte hearing on 10-04-2014 and even on that date OP did not turn up and case was heard ex parte on date on the basis of all the materials as filed by the complainant and on hearing the argument from the complainants, the case was closed finally.

Decision with Reasons

After thorough study of the complaint and the receipts issued by NVD Solar Ltd. as invoice cum delivery challan it is clear that complainant for purchasing 800 VA Dual inverter and 150 WP module paid Rs.25,792/- and the invoice No. are 078 dated 30-07-2012 and 660 dated 27-07-2012 and it is further found that complainant also purchased 12 volt 150 Ah Battery at a cost of Rs.16,030/- for which invoice No.50/13-14 from the said OP NVD Solar Ltd. was issued.

          As per document of warranty issued by the NVD Solar Ltd. it is clear that the entire inverter system is warranted against any defect any material or valid workmanship for a period of 24 months for inverter and 15 years old for solar module from the date of purchase that was issued by the OP1.  Fact remains the said inverter did not work from its inception and that was reported to the OP which is evident from the letter dated 26-08-2013.  Further OP reported the matter as reminder on 13-09-2013 and in both the cases the said reminder letters were received by the OP which is evident from the documents as purchased by the complainant and subsequently, complainant sent final letter of demand on 08-11-2013 that was also received by the OP and from the reply dated 12-11-2013 of the OP it is clear that OP informed the complainant that they are ready to solve any problem regarding the said purchase machine of the complainant and also stated that they shall have to give an alternative solution of home line system and complainant was asked to accept it but complainant took some time for final decision but thereafter complainant did not accept such proposal and by that letter it was also assured that OP shall have to visit the complainant’s house to solve the problem but fact remains OPs got every chance to contest the case after receipt of the notice of the case but did not turn up.  It simply reflects that OPs had nothing to do and for which they proposed to the complainant to replace alternative solution of home line system that means the system which was installed by the OP as purchased item of the complainant from the OP had not been functioning and invariably there was some defects or the whole system did not operate properly and said solar system had no capacity to decrease the consumption of electricity of the complainant in his house.  Though OPs sold the said solar system with battery etc. to the complainant with assurance that if same would be installed in that case complainant shall have to get a benefit of deduction of more or less of 50% of electric consumption but considering the present document as produced by the complainant and also the materials on record and the unchallenged testimony of the complainant it is clear that OP failed to give any service to the complainant at the same time OP sold a defective solar system along with battery and truth is that complainant invested more than Rs.45,000/- being assured by the OP about the service of the said solar system and its power to decrease electric consumption daily to the extent of more or less 50% but truth is that since installation of the solar system with the battery they failed to give any satisfactory result in decreasing the daily consumption of electricity of the complainant and, in fact, it is proved from the OP’s own letter that this system did not function at all.  It simply proves that OP sold a defective machine to the complainant which had no capacity to decrease consumption of the electricity of the complainant so, it is no doubt an unfair trade practice on the part of the OP.

          Fact remains OP got all chances to defend the case to challenge the contention of the complainant in this complaint but they did not appear even after receipt of the notice by both the OPs which simply proves that they had no defence for which they did not appear and at the same time relying upon the evidence of the complainant including the material papers as issued by the OP in respect of purchase of this articles and devices, we are convinced that complainant was deceived by the OP and by investing huge amount complainant ultimately did not get any service and it is no doubt an unfair trade practice on the part of the OP.

          After overall evaluation of the entire fact, materials and the discussions we are of confirmed opinion that the present OP has been running an unfair trade practice in all respect and truth is that their practice is a deceptive practice in the market but they are deceiving the customer in such a manner what have been applied in the case of this complainant and no doubt complainant suffers and is mentally harassed by the OP and for which the case is proved beyond any manner of doubt in ex parte form. 

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OPs with a cost of Rs.10,000/-(Rupees Ten thousand only).

          OPs jointly and severally are directed to pay a sum of Rs.50,000/- as compensation that is including the cost of the solar system and battery etc. as sold by the OPs to the complainant on the basis of the invoice cum delivery challan etc. and the said amount shall be paid along with the cost of Rs.10,000/- i.e. total Rs.60,000/-(Rupees Sixty thousand only) within one month from the date of this order failing which for non-compliance of the Forum’s order OPs jointly and severally shall pay penal interest @300 per day till full satisfaction of the entire decree.

          For adopting unfair trade practice and for deceiving the complainant in such a manner in selling defective solar system machine with battery and also OP’s running unfair trade practice in the market OPs are jointly and severally to punitive damages to the extent of Rs.40,000/- which shall be paid to this Forum and it is imposed only to check the unfair trade practice as adopted by the OPs and same shall be deposited to the Forum separately by accepting office receipt along with penal interest if collected.

          OPs are jointly and severally directed strictly comply the order within 30(thirty) days from the date of this order and to satisfy the decree in toto failing which for violation of the Forum’s order OPs shall be prosecuted u/s.27 of the C.P. Act, for which they shall be liable and even further penalty may be imposed.