DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.1010 of 2020

                                                Date of institution:  08.07.2020                                              Date of decision   :  02.11.2021

Dr. Labh Singh son of late Shri Mohinder Singh resident of House No.39, Sarv Mangal Society, Phase-1, Ambala Road, Zirakpur, District SAS Nagar.

…….Complainant

Versus

1.     Raaida Group, SCO-18, Top Floor, VIP Shopping Complex, VIP Road, Zirakpur, District SAS Nagar, Mohali through its Managing Director/Director/Proprietor/Partner.

2.     Shri Gurpal Singh, Authorised Signatory, Raaida Group, SCO-18, Top Floor, VIP Shopping Complex, VIP Road, Zirakpur, District SAS Nagar, Mohali.

3.     Shri Ritesh Kumar, Sales Manager, Raaida Group, SCO-18, Top Floor, VIP Shopping Complex, VIP Road, Zirakpur, District SAS Nagar, Mohali

                                                      ……..Opposite Parties        

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal,  Member

Present:    Complainant in person.

                OPs ex-parte.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short), on the ground that on the allurements of the representatives of the OPs,  he agreed to install “Grid Tied Plant” at his residence and at the time of confirmation of the proposal, the CC paid Rs.3,000/- in cash as processing fee and issued cheque of Rs.1,25,000/-  which was encashed by the OPs on  07.07.2018. After receipt of payment, the OPs were to start work at the site within four weeks, but inspite of repeated requests, the OPs failed to start the installation work.  Finding the OPs negligent, the CC reported the matter in the Police Station Zirakpur on 12.02.2019 and on 05.02.2019 and before the police officials, the OPs assured to complete the work. As per the assurance before the police, the OPs started work of installation, but still were very late, and then left the work incomplete.  Thereafter, the CC contacted the OPs directly or through the police, but till date the work was not completed by the OPs.  It is averred that due to non installation of solar system by the OPs, the CC had to suffer loss of Rs.1,00,910/- due to excessive electricity bills which could have been saved and  had the solar plant work completed in time  by the OPs in that event the and subsidy of Rs.97,650/- would have been paid by the Govt. to the CC.

                Thus, alleging deficiency in service on the part of the OPs, the CC has sought refund of Rs.1,28,500/- alongwith interest @ 12% per annum and compensation to the tune of Rs.1,50,000/- for harassment and mental agony. Further the CC has sought compensation to the tune of Rs.1,50,000/- due to excessive electricity bill paid by him  and demanded Rs.25,000/- as litigation expenses. Complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             The OPs have chosen not to appear and were accordingly proceeded against ex-parte vide order dated 25.10.2019.

3.             The CC in support of his complaint tendered in evidence his affidavit Ex.CW-1/1 and documents Ex.C-1 to Ex.C-6.

4.             We have heard the complainant and have gone through the file.

5.             Since the OPs have chosen to remain ex-parte and have not come forward to contest the claim of the CC, in that event we have no alternative except to believe the contents of the complaint of the CC. Otherwise also the complaint appears to be genuine, bonafide and cogent. The complaint is also duly supported by evidence which appears to be reliable.

6.             It is proved on the file that in July, 2018 the OP submitted a proposal for 5 KW Grid Tied Plant (Solar) to the CC and after perusing the proposal minutely, the CC confirmed to install the same at his residence and in total,  paid Rs.1,25,500/- to the OPs on 04.07.2018, through cheque bearing No.237536 which was got encashed by the OPs on 07.07.2018.  It is alleged that the OPs were to start the work within 4 weeks but failed to start the work at the site within specified period and even thereafter. The CC personally contacted the OPs number of times but of no use. The CC even reported the matter to the police on 12.02.2019, where the OPs assured in the presence of the police that they will complete the work as soon as possible. It is further the allegation of the CC, that till date the job is not completed by the OPs. In support of his complaint, the CC has submitted documents. It is proved on the file that despite receipt of an amount of Rs.1,25,000/- through cheque, the OPs did not start the work of installation of solar system at the residence of the CC. Deficiency in service on the part of the OPs is writ large on the file. We feel, that malpractice and unfair trade practice has been adopted by the OPs despite the fact that they had received Rs.1,25,000/- from the CC.

7.             In view of above discussion, the present complaint is allowed. The OPs are ordered to refund an amount to the tune of Rs.1,25,000/- (Rs. One Lakh Twenty Five Thousand only) alongwith interest @ 9% per annum from the date of receipt of the same till actual refund.  The OPs are further ordered to pay lump sum compensation amount to the tune of Rs.10,000/- (Rs. Ten Thousand only) to the CC towards compensation for harassment, mental agony and costs of litigation.   Free certified copies of this order be sent to the parties.   File be indexed and consigned to record room.

Announced

November 02, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

                                                       I agree.

(Ms. Gagandeep Gosal)

Member