By: Sri. Mohandasan K., President
1. The complainant is the co owner of building No. 346 A of Chungathara, Grama panchayat ward No.16. The representatives of the opposite parties approached the
complainant during the year 2019 January and introduced solar system 5KV roof top solar PV power system and they claimed that they have got experience and ability in installing the system and the roof top of the residence of complainant is suitable for the same. It was stated that if the complainant installs the roof top solar system, then the complainant can use the power for the domestic purpose and the remaining excess power can be sold to the Kerala state Electricity board and there by the complainant can make earnings also. The complainant thereafter contacted and discussed with opposite parties, two to four representatives of the opposite parties visited the residence during 2019 March and introduced the working system of roof top solar power system. It was told that the entire expense for installing the same will come to Rs.3,00,000/- and there will be service and warranty /guaranty up to 25 years and they will do the same. Attracted by the impressive persuasion of opposite parties the complainant agreed to install the same. The complainant and opposite parties entered in to an agreement on 30/03/2019 at the residence of the complainant in presence of witness. The complainant paid an amount of Rs.1,80,000/- rupees as 60% of the total amount of 3,00,000/- rupees of the entire expenses. As per the agreement on receipt of 60 % of the agreement amount, the opposite party has to supply all the instruments for the installation of the system and also assured the work will be commenced within one month thereof. It was agreed to install the panel for the same on the roof top of house. But even after one month, the opposite party did not initiate to install the roof rail or did not inform the complainant the reason for the delay. The opposite party had not informed the
complainant the system of maintenance for the 25 years. The complainant though contacted opposite party to know about the maintenance assurance but there was no proper response from the opposite party. So, the complainant could realize the attempt of the opposite party was to defeat the complainant through not complying the assured installation of roof top solar system. The opposite parties thereafter on 25/09/2019 demanded further rupees of Rs.40,000/- towards the contract of agreement to install the solar system. Even though the opposite party received the sum of Rs.40,000/- on 28/05/2019 the opposite party did not initiate to install the solar system. On repeated contact with opposite party led to agree that they will start the work on 26/06/2019 and as part of the same, some frames were brought to the residence of the complainant and it was installed on the roof top of the complainant. But thereafter again the complainant lagged the work without doing any further action. Due to the improper and irregular service on the part of the opposite party the complainant lost confidence on the opposite party and realized the act of the opposite party was unfair one. The complainant alleges the act of the opposite party as unfair trade practice and there is deficiency in service on the part of the opposite party.
2. The complaint during 2019 October issued a notice through email expressing willingness to cancel the agreement. The complainant demanded refund of the amount Rs.2,20,000/- paid to the opposite party and also demanded to remove the frames already installed.The opposite party sent a reply through email on 30/10/2019 admitting the demand. The opposite party had agreed to refund the
amount of RS.2,20,000/- within 20 days, but so far not complied the same. The opposite party caused a notice to the complainant on 22/11/2019 through a lawyer agreeing to refund Rs.1,90,000/- and also suggested for referring the dispute to an arbitrator. The complainant issued a reply to the opposite party on 10/12/2019. The opposite party so far not return the amount. Neither the opposite party refunded Rs.1,80,000/- with 9% interest nor Rs.1,90,000/- to the complainant.
3. The complainant alleges unfair trade practice and deficiency in service on the part of opposite party. Hence the prayer is to refund Rs.2,20,000/- of the complainant from 30/03/2019 with 12% interest to the complainant. The complainant also prayer for compensation of Rs.20,000/- for the hardship and inconvenience caused to the complainant along with 20,000/- rupees for removal of already installed frames from top of house along with cost of Rs.30,000/-.
4. On admission of the complaint notice was issued to the opposite parties but despite of receipt of notice none of the opposite parties entered appearance and filed version. Hence the opposite parties 1 to 4 set exparte.
5. The complainant filed affidavit and documents. The documents marked as Ext. A1 to A12. Ext. A1 copy of commercial solar system installation agreement dated 30/03/2019. Ext. A2 is copy of account statement from 29/03/2019 to 30/03/2019 issued by SBI Chungathara branch to show the payment of Rs.1,80,000/- to the opposite party dated 30/03/2019. Ext. A3 is copy of statement of account for the period 27/05/2019 ,28/05/2019 issued by Federal bank branch Nilambur to show the payment of 40,000/- rupees to the opposite party dated 28/05/2019. Ext. A4 is copy
of email sent by complainant to the opposite party dated 29/05/2019. Ext. A5 is copy of email sent by complainant to the opposite party dated 19/07/2019. Ext. A6 is copy of email sent by opposite party to the complainant dated 30/10/2019 admitting to refund the amount. Ext. A7 is letter of undertaking issued by the opposite party to the complainant nil date. Ext. A8 is lawyer notice issued by opposite party to the complainant dated 27/11/2019. Ext. A9 is reply notice issued by complainant to the opposite party dated 10/12/2019. Ext. A10 is copy of Aadhaar of the complainant. Ext. A11 is copy of list of share holders as on 31/03/2020 with address details. Ext. A12 is copy of photographs of the roof of the house of complainant.
6. The case of the complainant stands proved through the affidavit and documents filed by the complainant. There is no contra evidence is adduced by the opposite parties. The perusal of the affidavit shows the claim of the complainant is genuine and the opposite party has received an amount of Rs.2,20,000/- from the complainant. The opposite party has not complied the terms of agreement as entered through Ext. A1 document. It is also appearing that the opposite parties have installed partly roof rails as part of the work. The email message and the letter of undertaking issued by the opposite parties substantiate the claim of the complainant. So considering the entire aspects the Commission finds that the claim of the complainant to refund the amount paid to the opposite party is genuine one. The complainant also has claimed compensation of Rs.2,00,000/- on account of unfair trade practice and deficiency in service and thereby caused inconvenience and
hardship to the complainant. We allow Rs.1.00,000/- as compensation on account of deficiency in service and thereby caused inconvenience and hardship to the complainant. The complainant seeking direction to remove the roof frames installed by the opposite party at the cost of opposite party and if not doing the same the prayer if to allow Rs.20,000/- on that account also. We find the claim to remove the roof frame Rs.20,000/- as reasonable one. The complainant prays cost of Rs.30,000/,- which is an exorbitant amount and so we consider Rs.10,000/- as reasonable amount towards the cost of the proceedings.
7. In the light of above fact and circumstances the commission allows the complaint as follows: -
- The opposite parties are directed to refund the amount of Rs.2,20,000/- to the complainant.
- The opposite parties are directed to pay Rs.1,00,000/- as compensation on account of deficiency in service and unfair trade practice committed by the opposite parties and there by caused inconvenience, hardship and mental agony to the complainant.
- The opposite parties are directed to remove the roof frames installed on the roof of the house of the complainant at their own cost and if not able to do the same the opposite parties are directed to pay Rs.20,000/- to the complainant towards the expense for removing the frames installed on the roof of the house.
- The opposite parties are directed to pay Rs.10,000/- as cost of the proceedings.
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the opposite parties are liable to pay interest on the above said entire amount @12% per annum from the date of filing this complaint till the date of payment.
Dated this 30th day of November, 2022.
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A12
Ext.A1: Copy of commercial solar system installation agreement dated 30/03/2019.
Ext.A2: Copy of account statement from 29/03/2019 to 30/03/2019 issued by SBI
Chungathara branch to show the payment of Rs.1,80,000/- to the opposite party
dated 30/03/2019.
Ext A3: Copy of statement of account for the period 27/05/2019 28/05/2019 issued by
Federal bank branch Nilambur to show the payment of 40,000/- rupees to the
opposite party dated 28/05/2019.
Ext A4: Copy of email sent by complainant to the opposite party dated 29/05/2019.
Ext A5: Copy of email sent by complainant to the opposite party dated 19/07/2019.
Ext.A6: Copy of email sent by opposite party to the complainant dated 30/10/2019
admitting to refund the amount.
Ext.A7: Letter of undertaking issued by the opposite party to the complainant nil date.
Ext A8: Lawyer notice issued by opposite party to the complainant dated 27/11/2019.
Ext A9: Reply notice issued by complainant to the opposite party dated 10/12/2019.
Ext A10: Copy of Aadhaar of the complainant.
Ext.A11: Copy of list of share holders as on 31/03/2020 with address details.
Ext.A12: Copy of photographs of the roof of the house of complainant.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
Preethi Sivaraman C., Member
VPH Mohamed Ismayil C.V., Member
