This complaint  having come up for final hearing before us on 07.01.2015  on perusal of the material records  and on hearing the  arguments of  Thiru. P.Vadivel, the counsel  for the complainant and the opposite parties remaining exparte  and having stood  before us for consideration, till this day the Forum  passed the following

By President, Thiru..P.G.Rajagopal, B.A.B.L., 

                       This complaint is filed by the complainant u/s 12 of the Consumer Protection

Act 1986.                    

2) The gist of thecomplaint filedby the complainantis that the first opposite partycontacted thecomplainantand assured him installation of the Solar Power Equipmentsfor the supply of electricity required to operate 1.5 H.P submersible electric motor,32 inch LCD T.Vand all other electrical fittings i.eMixer Grinder, Wet Grinder, lightsand fans and on 24.04.2012 and 25.05.2012, the first opposite partyin consultation with the 2^nd opposite party alsopromisedto install10 SolarPanel Copper Coated 100 Wattseach with warranty for 25 years, 4 batteries of150 A.H with 4 years warranty and one 3 K.V.A inverter with requiredcharger controller with the 6 years warranty for the supply of power for effective functioning of the same.The second opposite partyalso assured the complainant over the first opposite party’s phone that thesaid installationwould be doneat the earliestand theinstallation of 10 panels is absolutely necessary for effectivefunctioning . The entire installation chargeswas fixed at Rs.2,05,000/-On 25.04.2012 the 1^st oppositepartyreceived a sum of Rs.1,00,000/-assuringthat theinstallationwould be done on 01.05.2012 .But itwas not done.Whenthe complainant contactedthefirst opposite partylater hedemanded that the2^nd opposite partyinsistedfor full paymentbefore delivery.In fact on 02.05.2012at 4.00 p.mthe second opposite party’s manager one Velusamy contacted the complainantover the phone and requested for full payment.On 02.05.2012 the first opposite party receivedthe balance a sum of Rs. 1,05,000/-and also gave a stamped receipt for the entire amount. The equipments were installed by the opposite parties on 03.05.2012 but the motor was not working.When the complainantbrought to the noticeof the opposite parties theyrepresented thatthe technical people from thesecond opposite partywould come and rectify the same buttill date nothing has been done and nobody turned up.The installationof thelights and fans was also not properly functioningand the complainant wasforcedto switch overto the Electricity Board for electrical power.The opposite parties though assured to install10 panels actuallyinstalled only 3 panels.No invoice warranty cards or user manualhave been given by them. Forthetwo registered letters sent by the complainanton 21.05.2012 and 21.06.2012 pointing outthe defect in detailand also requesting the opposite partiesto make good the installation there was no response from them.It issheerdeficiency of service on the part of the opposite parties.Hence the complainant prays foran order to direct the opposite parties toreturn a sum of Rs.2,05,000/- to the complainant,to pay a sum of Rs.1,00,000/-towardscompensationor to install 7 panels with appropriate chargercontrol , to paythe cost of its litigation and to grantsuch and other reliefsas the Forum would deems fit.

3) Even though the notice of this complaint filed by the complainant had been served

on opposite party -2andservice of notice of opposite party-1has been effected by way ofsubstitutedservice by way of publication of the hearing date in dailyMalai Malar, both the opposite parties have failed to appear before this Forum to recordtheir objections and consequently they havebeen set exparte.

              5)   The points for determination are:

                     1) Whether there is deficiency of service on the part of the opposite parties?

                     2) Where the Complainant is entitled to any relief? If so to what relief?

7) Ex.A.1 is the acknowledgement card given by the first opposite party for the receipt of Rs.2,05,000/- for the installation of Solar Power instruments.Ex.A.2 is the invoice for the said amount.Ex.A.3 is the delivery challan for the supply of Solar Module, Battery, Inverter, Chargercontroller andModular Stand.Ex.A.4 is the copy of the notice sent by the complainantto the first opposite party.Ex.A.5 isanotherletter sent by the complainant to the opposite parties. Ex.A.6 is the copy of the notice sent by the complainantto the opposite parties demanding the refund of thesum of Rs. 2,05,000/- and take back the equipments installedby them.Ex.A .7 is theacknowledgement cards received by the first and second opposite parties.

8) In the written argumentssubmitted by thecomplainantalso it is reiteratedthat the opposite parties have committed deficiency of service by failing to install all the seven Solar Panels and to attend and rectify the defect of the three solar Panels installed by themin spite of therepeated request of the complainant.The very conduct of theopposite parties in notgiving any reply to the various letters and the legalnotice sent by the complainant and their failure to appear before this Forum to record their objections wouldgo to establishthat they have no objections to be given as against theallegation made by the complainant.

9) POINT No.2:In the result , thecomplainant is partly allowed.The opposite parties are directed to install the remaining 7 Solar Panels and to pay Rs.15,000/- (Rupees fifteen thousand only)either jointly or severallyby way of compensationto the complainant for the mental agony, hardship and expenditure incurred by him owing to their deficiencyof service within 30 days from the date of this order failingwhich the said amount of compensation shall carry an interest at the rate of 12 Percenatge per annumfrom the date ofthis order till the date of its payment.Further the opposite parties are directedto pay either jointly or severally a sum of Rs.3000/- (Rupees three thousand only) to the complainanttowards cost of this litigation.

                     This order was dictated by me to the Steno-Typist, transcribed by her and corrected  and pronounced by me on this  14th  day of  January 2015.

MEMBER -I                                                                                                 PRESIDENT

List of documents on the side of the complainant:-

List of documents on the side of the   Opposite parties :    NIL