Punjab

Rupnagar

CC/18/38

Channan Singh - Complainant(s)

Versus

Pradeep Saini Prop. Electronics & Electricals - Opp.Party(s)

Sh. Narinder Kumar Prashar, Adv.

06 Jun 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPER

 

                                 Consumer Complaint No. : 38of 25.06.2018

                                 Date of decision                    :    06.06.2019

 

 

Chanan Singh, aged about 47 years, son of Battan Chand, resident of Village Rampur Kalan, Tehsil Anandpur Sahib, District Rupnagar.  

 

                                                                 ......Complainant

                                             Versus

 

Pardeep Saini, Prop. Saini Electronics & Electrical Malohtra Colony Road Ropar, Tehsil & District Ropar Punjab

2.  

 

   ...Opposite Party

 

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        CAPT. YUVINDER SINGH MATTA, MEMBER

 

ARGUED BY

 

 

Sh. Narinder Parashar, Adv. counsel for complainant  

O.P. exparte 

 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.   Chanan Singh, aged about 47 years, son of Battan Chand, resident of Village Rampur Kalan, Tehsil Anandpur Sahib, District Rupnagar, has filed the present complaint seeking directions to the opposite party to replace the eight solar lights or to paid the amount of Rs.68,000/- with interest @ 12% per month; to pay Rs.25,000/- as compensation; to pay Rs.15,000/- as litigation charges, in the interest of justice.  

2.    Brief facts made out from the complaint are that in the month of July 2016, when the complainant came to India, he showed his desire to the Gram Panchayat of his village to install solar lights in the village just for the welfare of the villagers and gram panchayat keeping in view the interest of the village permission was granted to install the solar lights in the village. Thereafter, the complainant approached the O.P. and asked for the installation of the solar lights. The O.P. visited the village of the applicant and gave the full details of the purchase invoice of installing the solar lights, the O.P also agreed to sell @ 8500/- per light, he sold the eight solar lights for a sum of Rs.68,000/- with two years guarantee. The O.P. along with his employees, installed eight solar lights in the village of the complainant but during the installation of the same two lights did not work properly, when the complainant complained regarding the non working of the lights then O.Ps. assured that the same would be replaced very shortly. But till date, despite repeated requests O.P. did not replace the two non working lights. Hence, this complaint.  

3.      On being put to the notice, none appeared on behalf of O.P., accordingly, it was proceeded against ex-parte vide order dated 06.06.2019.

4.    On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C6 and closed the evidence.

5.    We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.    Complainant counsel Sh. Narinder Parashar, argued that the complainant desired for installation of solar lights in the village and came into contact of O.P. He paid Rs.68,000/- @ 8500/- per light for eight solar lights i.e. in the month of July 2016 Thereafter, the complainant found the non functioning of the two said lights and issued notice to the O.P. but no result. Later on, filed the present complaint and the learned counsel argued that O.P. did not appear despite service, deficiency stands proved, complainant is the consumer and the complaint deserves to be allowed with costs.

7.    As per the pleadings, complainant placed on file photocopy of the receipt dated 12.7.2016 vide which he paid Rs.68,000/- @ 8500/- per light to the Saini Electronics and thereafter the lights were installed but the villagers and the complainant were not satisfied then issued the notice dated 22.2.2018 Ex.C2. O.P. did not appear. So, it is a consumer dispute, complaint is maintainable and this forum has territorial jurisdiction.

8.    Complainant pointed out deficiency on the part of O.P. and firstly relied upon the complaint and then upon the receipt Ex.C1, beside the affidavit Ex.CW1/A. Complainant pleaded deficiency relating to the defective solar lights purchased on 12.07.2016. It was installed at the given place i.e. Village in the month of Feburary. The complainant issued the legal notice to the O.P. for the necessary repair but no result. Copy of the postal receipts Ex.C3 & Ex.C4 and then acknowledgement Ex.C5 & Ex.C6. O.P. did not appear despite service and firstly engaged counsel Sh. Shekhar Shukla Advocate, who appeared on 8.5.2019 and did not file the written reply and did not tendered evidence. Then O.P. engaged Smt. Karmjeet Kaur, Advocate, who filed Memo of appearance for 16.5.2019 and thereafter none appeared. Vide separate order, O.P. was proceeded against exparte. To appreciate the exparte evidence, the complainant has been able to prove the purchase of the solar lights and then requested many times for necessary repairs. So, the evidence adduced by the complainant is un-rebutted.

9.    Considering the totality of the documents relied upon by the complainant and to appreciate the complainant version, it is held by the forum that complainant has been able to prove deficiency on the part of O.P. Hence, the complaint is ordered to be allowed.

10.  In the light of discussion made above, the complaint is allowed ex-parte with the directions to the O.P. to make necessary repairs or install new solar lights in the village of the complainant within one month from the date of receipt of certified copy of this order, failing which the complainant is held entitled to recover Rs.68,000/- along with interest @ 7.5% per annum w.e.f. 12.7.2016 with special cost of Rs.25,000/-

11.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.          

                     ANNOUNCED                                    (KARNAIL SINGH AHHI)

                     Dated.06.06.2019                           PRESIDENT
 

 

 

 

                                               (CAPT. YUVINDER SINGH MATTA)

                                                                   MEMBER