Order by:

Smt.Priti Malhotra, President

1.       The   complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that the complainant approached Opposite Party No.3 i.e. firm of Opposite Party No.1 for the installation of the Solar Plant in his fields and for this, they demanded Rs.2 lakhs for the installation of Solar Plant in the fields of the complainant. As per the demand of the Opposite Party No.1, the complainant deposited Rs.1,95,000/- with them vide cheque No. 504347 dated 21.05.2021 and thereafter, the solar plant was to be installed within 10 days from the date of deposit of the amount. On 11.06.2021, the Opposite Party No.3 kept the required equipments with regard to the installation of the solar plant in the house of the complainant, but till date, the Opposite Parties have not installed the Solar Plant in the fields of the complainant, inspite of repeated requests and representations and despite being paid all the amount.  When, the Opposite Parties failed to install the Solar Plant in the fields of the complainant, then the complainant was compelled to get installed the solar plant from some other Ludhiana based firm and again paid the required amount to the said firm. The complainant also issued legal notice to Opposite Party No.3 and requested them to return the amount received by them, but to no effect. Hence, this complaint. Vide instant  complaint, the complainant has sought the following reliefs.

a)       To direct the Opposite Parties to refund the amount of Rs.1,94,999/- (Rs.1,95,000/- as per invoice Ex.C3).

b)      To pay an amount of Rs.1,00,000/- as compensation for causing him mental tension and harassment.

c)       To pay an amount of Rs.22,000/- as costs of complaint.

2.       Opposite Parties appeared through counsel and contested the complaint by filing  the written version taking preliminary objections therein inter alia that the complainant has no locus standi and no cause of action to file the present complaint against answering Opposite Parties; the complainant does not fall under the definition of ‘consumer’ as such the complaint of the complainant is not maintainable; the complaint of the complainant is not maintainable in the present form; the second complaint under section 35 of the C.P. Act is not maintainable; the present complaint is false, frivolous and vexatious to the knowledge of the complainant; the complainant has not come to the Court with clean hands and have suppressed the material facts from this Commission. On merits, it is submitted that Opposite Parties are still willing and ready to perform the contract and install the electric solar motor, but it is the complainant who is not allowing the Opposite Parties to install the equipment in their fields. All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is being made.

3.       Complainant also filed replication to the written reply of Opposite Parties denying the objections raised by them in its written reply.

4.       In order to prove his case, the complainant has placed on record his affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C8.

5.       On the other hand, Opposite Parties have placed on record affidavit of Sh.Pardaman Singh Mann, Proprietor/Authorized Person of M/s Punjab Solar Enterprises Pvt. Ltd. Bathinda Ex.OPs-1.

6.       We have heard the ld. counsel for the parties and also gone through the documents placed on record.

7.       It is proved on record that the complainant approached Opposite Parties for the installation of the Solar Plant in his fields and purchased one Solar Module complete Set 5HP, vide invoice dated 11.06.2021amounting to Rs.1,95,000/- (Ex.C3) from them, as they failed to install the said Solar Plant in the fields of the complainant, he get the same installed from some other firm based at Ludhiana. However, ld. Counsel for the Opposite Parties contended that Opposite Parties approached the complainant for the installation of the Solar Plant, but it is the complainant who did not allow the Opposite Parties to install the Solar Plant. On the other hand, ld. counsel for the complainant stated that complainant waited for a sufficient period for the installment of the Solar Plant in question by the Opposite Parties and when the Opposite Parties failed to install the Solar Plant in question, he got installed the Solar Plant from some another firm.

8.       Ex.C2 placed on record reveals that the complainant purchased the Solar Module Complete Set from the Opposite Parties, vide invoice dated 11.06.2021 (Ex.C3) amounting to Rs.1,95,000/-. Ex.C5 placed on record reveals that complainant got installed another Solar Plant from another firm on 26.07.2021. Ex.C6 placed on record by complainant reveals that before getting the Solar Plant installed from another firm due legal notice was given to Opposite Parties. From this it is evident that complainant waited for more than one month for the installation of the Solar Plant by the Opposite Parties and when they failed to install the same, the complainant got installed Solar Plant from another firm i.e. Mohinder Singh and sons. By not installing the Solar Plant in question within reasonable time, the complainant was compelled to get installed the said solar system by spending another amount of Rs.2,36,000/-. Hence, it is concluded that the deficiency in service on the part of the Opposite Parties is writ large. We are of the concerted view that since the complainant has already got installed the solar system from some other firm i.e. Mohiner Singh & Sons, VPO Bharowal kalan, District Ludhiana, so the complainant is duly entitled to get the refund of the amount so deposited by the complainant with Opposite Party i.e. Rs.1,94,999.99paisa vide Ex.C2 (Rs.1,95,000/- vide Ex.C3). Further, the evidence produced on record by the complainant remained unrebutted and unchallenged through any cogent and convincing evidence. The non refund of the deposited amount in question is unjustified and not legal.

9.       In view of the discussion above, we partly allow the complaint of the complainant and direct to Opposite Parties, jointly and severally, to refund the amount of Rs.1,95,000/-(Rupees One Lakh Ninety Five Thousands Only) i.e. price of the Solar system as per invoice (Ex.C3) (subject to return of complete solar module set of 5 HP by the complainant) alongwith interest @ 6% per annum from the date of deposit of amount by the complainant with Opposite Parties till its actual realization. The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which, the Opposite Parties, jointly and severally, are burdened with additional cost of Rs.20,000/- (Rupees Twenty Thousand only) to be paid to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced on Open Commission