By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant approached opposite party for installing solar plant and there by remitted an amount of Rs. 1,33,117.50/- towards the same. The assurance of the opposite party was to install the solar plant immediately within one week of payment of the cost. But the opposite party did not install the solar plant for the last one year. The complainant repeatedly requested to install the solar plant but there is no response from the side of opposite party. Hence filed this complaint seeking direction to refund the amount paid to the opposite party and also to pay compensation of Rs. 1,00,000/- and cost of Rs. 25,000/-2. On admission of the complaint notice was issued to the opposite party but the opposite party did not turn to appear despite service of notice. Hence the opposite party set exparte.
3. The complainant filed affidavit and documents. The documents marked as Ext. A1 and A2. Ext. A1 is copy of cash receipt dated 03/04/2023. Ext.A2 is copy of cash receipt dated 23/12/2023.
4. The case of the complainant stands proved through the affidavit and documents. Exts A1 and A2 shows that the complainant remitted an amount of Rs. 1,33,117.50/- towards the project cost. The affidavit filed by the complainant established that the opposite party did not install solar plant as stated in the complaint. Hence the case of the complainant stands proved and the complainant is entitled relief as prayed in the complaint.
5. In the light of above facts and circumstances we allow this complaint as follows:-
- The opposite party is directed to refund the project cost of Rs. 1,33,117/- (Rupees one lakh thirty-three thousand one hundred and seventeen only) to the complainant.
- The opposite party is directed to pay Rs.1,00,000/- (Rupees one lakh only) as compensation to the complainant on account of deficiency in service and unfair trade practice and thereby caused inconvenience and hardship to the complaint.
- The opposite party is directed to pay Rs. 10,000/- (Rupees ten thousand only) as cost of the proceedings.
The opposite party shall comply this order within one month from the date receipt of copy of this order, failing which the complainant is entitled interest at the rate of 12% per annum for the above said entire amount from the date of filing this complaint to till date of payment.
Dated this 27th day of March, 2024.
Mohandasan. K, President
Preethi Sivaraman.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.A1and A2
Ext.A1: copy of cash receipt dated 03/04/2023.
Ext.A2: copy of cash receipt dated 23/12/2023.
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
Mohamed Ismayil.C.V, Member
