D.O.F : 08/04/2024
D.O.O : 12/11/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 119/2024
Dated this, the 12th day of November 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Aishabi
W/o Ahamed Khabeer
Shalha Manzil
Machampadi, Manjeshwar,
Badaje P O - 671323,
Hosabettu, Kasaragod. : Complainant
And
Reecco Energy India Pvt Ltd
IV/219, B3 B4 Pala Road
Chunkam kolani P O,
Thodupuzha – 685608. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant purchased a solar with file number. B4-31/2023/EIS Job No. 12B(4/20)/ 2023 MTSLS from opposite party on 10/01/2023 for Rs. 2,20,000/- after deducting subsidy. The opposite party offered 20 years warranty to the solar and 10 years warranty to invertor and other machines. The solar and machines functioned properly for 8 months. Thereafter the current bill increased, when the complainant contacted opposite party through email, no reply availed and on enquiry it is informed that opposite party had closed their office. The complainant is alleging deficiency in service on the part of opposite party and seeking compensation of Rs. 2,00,000/- along with refund of the price, Rs. 2,20,000/- with cost of litigation.
Notice of opposite party served, name called absent, set exparte. The complainant filed proof affidavit and documents produced are marked as Ext. A1 to A6. Heard the complainant. The main questions raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service/unfair trade practice on the part of opposite parties?
- If so, what is the relief?
For convenience issues No.1 to 3 can be discussed together. The complainant availed a solar from opposite party for Rs. 2,20,000/- and certainly he is a consumer under the CP Act 2019. The opposite party had offered 20 years warranty to solar panel and 10 years warranty to invertor and other machines. After 8 months due to huge current bill, the complainant tried to contact opposite party in the given number, but he was not attending phone and emails, so the complainant made an enquiry about the company and it is revealed that they closed the office. The grievance of the complainant is that the solar is not functioning and the defects of the machine has to be cured. But the opposite party was not available through phone and email. The complainant has produced installation and completion report as Ext. A1, calibration certificate as Ext. A2, cash receipt is Ext. A3, Reecco is marked as Ext. A4, cash receipt dated 03/02/2023 is Ext. A5 and cash receipt dated 04/02/2023 is Ext. A6. After purchasing solar and other machines for Rs. 2,20,00/-, the complainant was not availed proper after sale service from opposite party and on enquiry, it is informed that the opposite party had closed their office. After selling a product for such a huge amount, and the product became defective during warranty period, it is the right of the customer to approach the opposite party. The non responds from the opposite party for the calls of the customer amounts to unfair trade practice and deficiency in service. In the absence of rebuttal evidence, the opposite party are bound to refund the price of the machine to the complainant with interest, compensation and cost. As the office of the opposite parties already closed, there is no chance of repair of the machines. Hence refund of the price of solar and other machines to the complainant by opposite party is a reasonable and practicable solution in this complaint.
The complainant is seeking refund of the price of solar and other machines with a compensation of Rs. 2,00,000/- and cost of litigation. Even though the complainant is seeking Rs. 2,00,00/- as compensation, she has not produced any documentary evidence for such a huge loss. Hence we hold that an amount of Rs. 50,000/- is a reasonable compensation in this case considering the circumstances of the complainant and facts of the case.
The complainant is entitled for the refund of the price of the machines, that is, Rs. 2,20,000/- with interest and cost. Considering the facts of this case, we are of the opinion that an amount of Rs, 50,000/- is a reasonable compensation in this case.
In the result complaint is partly allowed, directing opposite party to refund Rs. 2,20,000/- (Rupees Two lakhs Twenty thousand only) with 9% interest from 08/04/2024 (the date of complaint) till disbursal with a compensation of Rs. 50,000/- (Rupees Fifty thousand only) with cost of Rs. 3,000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Installation and completion report
A2 – Calibration certificate
A3 – Cash receipt
A4 – Reecco
A5 – Cash receipt
A6 – Cash receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
