Kerala

Thiruvananthapuram

CC/18/357

God Frey George - Complainant(s)

Versus

Sherene Power Equipment - Opp.Party(s)

08 Oct 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

SRI.P.V.JAYARAJAN                : PRESIDENT

SMT.PREETHA G NAIR            : MEMBER

SRI.VIJU.V.R                           : MEMBER

CC.NO.357/18 (Filed on :26.09.2018)

ORDER DATED : 08.10.2021

 COMPLAINANT

GOD FREY GEORGE,

S/o.George, Residing at 76,

Mosque Lane,

Kesavadasapuram,                                         

Pattom.P.O

Thiruvananthapuram

Pin – 695 004

(BY Adv.M.D.Williams & Reena Williams

                                                                                                      VS

   OPPOSITE PARTIES

1. The Manager,

M/s.Sherene Power Equipments,

Near S B T, ATM Chackai, Pettah Road,

Thiruvananthapuram – 695 024

 

2. Mr.Vinod, Representing,

Near S B T, ATM Chackai, Pettah Road,

Thiruvananthapuram – 695 024

(Opposite Parties 1 & 2 Exparte)

                                                                        ORDER

SRI.P.V.JAYARAJAN                : PRESIDENT

        This complaint filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

1.       The case of the complainant in short is that in the month of November, 2017 the complainant approached the first opposite party Sherene Power Equipments to enquire about the Solar Power Plant and Solar Water Heater to fit them in his building after completion of his building. After discussion a quotation was given by second opposite party who represents the Distributor Company to the complainant on 16.11.2017 for an amount of Rs.4,60,000/- in total for all the equipments required by the complainant. The complainant told that his building construction will be over after six months ie, by May 2018 and by that time only he need the products. At that time the second opposite party conveyed to the complainant that if the complainant make the order at that time, then only he will get the products for the quoted amount of Rs.4,60,000/- otherwise the amount may vary in future. Agreeing to the terms and believing the words of the second opposite party of Sherene Power Equipments, the complainant paid Rs.4,00,000/- (Rupees Four Lakhs only) to the company through cheque out of the total cost of Rs.4,60,000/- on 23^rd November, 2017.  In the month of June, 2018 the complainant approached the company and asked them to install the solar power plants as the construction of the building was over. On June, 14^th 2018 the company’s technicians came and installed the solar water heater alone and went back. But on the very next day morning when the complainant’s workers went upstairs they were shocked to find out that the water heater has fallen down and the panels have been broken into pieces. The complainant tried to contact the second opposite party many times over phone but there was no response from the second opposite party. As a last resort the complainant sent an advocate notice on 15.07.2018. But no reply was given against the advocate notice by the opposite parties. Later when the second opposite party met the complainant after the notice, the complainant requested the opposite party to rectify the damages of solar water heater and continue the balance work as per the contract and to settle the matter. But the opposite party refused to maintain the water heater and to continue the work and finish the same. The complainant again requested to return the amount of Rs.4,00,0000/- (Rupees four lakhs only) which he had given to the opposite party as per the contract for installing the solar panel and water heater with all other allied equipments, if the opposite party is not willing to continue and complete the work. But the opposite party refused to say anything and returned without further talk with the complainant. Thus the opposite party breached the contract made between the parties on 16.11.2017. By this attitude of the opposite party the complainant suffered the loss of Rs.4,00,000/- (Rupees four lakhs only) which was given to the opposite party believing him that he will perform and do all the works to facilitate the complainant by installing the solar water heater and solar panels. Alleging deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant approached this Commission for redressal of his grievances. 

     2.           After accepting the notice issued by this Commission, the opposite parties failed to enter appearance on the date fixed for their appearance and hence their name was called and set ex parte.    

3.                The evidence in this case consists of the Affidavit of Complainant as PW1 and Ext.P1 to Ext.P4 (a) marked on behalf of the Complainant.  The opposite parties neither entered appearance nor adduced any oral or documentary evidence and hence declared exparte.  The Commission Report is marked as Ext.C1.

4.Issues to be considered are :-

1. Whether there is any deficiency in service and unfair trade practice on the part of opposite parties?

 

2. Whether the complainant is entitle for the relief claimed
3. Order as to cost?

     5.      Heard the complainant.  Issue Nos: 1 & 2 are considered together for the sake of convenience.   Perused the affidavit and documents Ext.P1 to Ext.P4(a) produced by the Complainant and Ext.C1 Commission Report.  Ext.P1 is the Quotation Invoice issued by the Opposite Parties to the complainant for the installation of Solar panels to the residential house of the complainant.  Ext.P2 is the statement of Indus Bank showing the payment of Rs.4,00,000/- by the complainant to the first opposite party.  Ext.P3 is the copy of the Regd Lawyer notice issued on behalf of the complainant to the 1^st Opposite Party.  Ext.P4 is the postal receipt and Ext.P4(a) is the postal acknowledgement signed by the 1^st Opposite Party.  By producing Ext.P1 and Ext.P2, the complainant has established that he has entrusted the solar panel work to the Opposite Parties and has paid Rs.4,00,000/- to the 1^st Opposite Party towards consideration for the solar installation work.  The complainant also filed an application to appoint a Commissioner to note the present condition of the solar heater partially installed by the Opposite Parties and the said application was allowed by this Commission and accordingly the Commissioner has filed a report which is marked as Ext.C1.  Ext.C1 Commission Report reveals that only solar heater was installed and that too was seen kept aside and all the glass panels of the solar heater are seen broken and detached from the heater. The observations made by the Commissioner in Ext.C1 report corresponds to the averments and allegations made by the complainant in his affidavit and complaint.  Hence by filing affidavit and producing Ext.P1 to Ext.P4(a) documents and the observations made by the Commissioner in Ext.C1 Report, we find that the complainant has established his case.  As there is no contra evidence from the side of the Opposite Parties to discredit or challenge the evidence put forward by the complainant, we accept the evidence adduced by the complainant.

6.                As the complainant has established the facts such as entrustment of the solar installation work with the Opposite Parties and the payment of Rs.4,00,000/- to the Opposite Party No:1, and the present condition of the work partly undertaken by the Opposite Parties at the premises of the complainant as reported in Ext.C1 report, from the available evidence before this Commission, we find that there is deficiency in service and unfair trade practice from the side of the Opposite Parties.   We also find that the complainant has suffered financial loss and mental agony due to the deficiency in service and unfair trade practice of the Opposite Parties for which the complainant is entitle for compensation and the Opposite Parties are jointly and severally liable to compensate the loss sustained by the complainant.  Hence Issue Nos: 1 & 2 are found in favour of the complainant and against the Opposite Parties.

                        In the result, the complaint is allowed. We direct the opposite parties jointly and severally liable to pay Rs.4,00,000/- being the consideration paid by the complainant to the Opposite Parties and pay Rs.50,000/- towards compensation along with Rs.5000/- as cost of the proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realisation / remittance. 

                   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

           Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in the Open court, this the 8^th October 2021.

 

                                                                                  Sd/-

P.V.JAYARAJAN   :  PRESIDENT

                                                                                                                                              Sd/-

PREETHA G NAIR   :  MEMBER

                                                                                                                                                          Sd/-

VIJU.V.R   : MEMBER

 

 

 

 

Be/

 

 

 

 

 

 

APPENDIX

CC No: 357/2018

Witness for the Complainant:

PW1-                Mr.God Frey George

Exhibits of the Complainant

Ext.P1           - Computer print of quotation given by Sherene Power

                       Equipments dated 16.11.2017.

 

Ext.P2           - Statement of IndusInd Bank

 

Ext.P3           - Legal notice sent by the Advocate to the Manager, Sherene

                Power Equipments, Near S.B.T,ATM Chackai, Pettah Road,        

                Trivandrum

 

Ext.P4 &

Ext.P4(a)     -  Original Postal Receipt & Acknowledgment card

 

Witness for the Opposite Parties:    Nil

Exhibits of the Oppsite Parties:       Nil

Court Exhibit:

Ext.C1         - Commission Report

                 

 

                                                                                                                                                                                                           Sd/-

PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU

THIRUVANANTHAPURAM

 

CC.NO.357/18

ORDER DATED : 08.10.2021