D.O.F : 17/10/2023

                                                                                                       D.O.O : 10/07/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.315/2023

      Dated this, the 10^th day of July 2024

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

Dayanandhan T P, aged 63 years

S/o Chathu Master (Late)

Thekkadavan House,

Elampachi, Elampachi P O

Kasaragod district – 671311.                                                        : Complainant                        

   And

1. Sijo K Y

S/o Yohannan

Kallivalappil, Mooriyad

Thrissur.

2. Prathapan

S/o Maruthan A

Sreevalsam, Puthusseri,

Vandithavalam Village,

Palakkad.                                                                              : Opposite Parties

ORDER

SMT.BEENA.K.G : MEMBER

            The complainant is a senior citizen and a retired police sub inspector.  The opposite party No.1 is the owner of the AMPS Solar Power Plant gride of 4 k/w.  The complainant’s son has given a quotation to the opposite party through online.  An advance amount of Rs. 1,50,000/- has been transferred from the complainant’s Farmer’s Bank account to the AMPS Solar account on 11/05/2022.  After 2 months of payment, the owner of the company informed the complainant’s son that opposite party No.2 is coming to the house and thus he came in August.  Opposite party No.2 had conducted wiring work in the 2^nd floor and informed that he will came with the necessary equipment for installation of solar panel within 2 weeks.  Even after one month also there is no information from opposite party.  Hence the complainant contacted both opposite parties and it is informed that they will come soon.  Thereafter opposite parties are not available in phone.  When the complainant went to the office of the company, it was found closed and it is revealed that such an office is not functioning there now.  Thereafter also, once opposite party No. 1 was available in phone, and he informed that he is at Chennai to purchase panel and assured that the panel will be installed within 3 days and due to loss the office is closed temporarily.  When the complainant made an enquiry at Kodakara, he came to know that such a company was not functioned there.  Both opposite parties purposely cheated the complainant and received money.  Even though if they install the panel also, no proper service will be available from them as per the comments received by them through online.  A case is registered against opposite parties as crime No 534/2023 u/s 406, 420, 34 IPC and charge sheet is also given.  The complainant was constrained to pay Rs. 15,818/- for electricity bill.  Hence the complainant is seeking refund of Rs. 1,50,000/- with interest Rs. 20,000/- with electricity bill of Rs. 15,818/- and hardships Rs. 25,000/-.  Thus a total amount of Rs. 2,25,000/- was spend by the complainant as per the direction of opposite parties.

            Notice of opposite party No.1 returned stating intimation given.  Opposite party No.2 served the notice.  Name called both opposite parties absent, set exparte. 

            The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 to A6.  The main questions raised for consideration are;

1. Whether there is any deficiency in service/unfair trade practice on the part of opposite parties in non-installation of solar panel after receiving money from the complainant?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

For convenience, all questions can be discussed together.  The complainant had entrusted the installation of solar panel in his house to opposite parties No. 1 & 2.  They had done some wiring works and collected Rs. 1,50,000/- from the complainant.  The grievance of the complainant is that, even after collecting the advance amount of Rs. 1,50,000/-, the opposite parties not finished the installation of solar panel so far.  The complainant contacted them through phone several times but they evaded from installation by raising silly problems.  At last, the complainant went to the office of the opposite parties and made a local enquiry.  It is revealed that they had collected money from many clients promising the installation of solar panel, but not yet completed.  Fed up with the irresponsible attitude of opposite parties, the complainant demanded for return of payment.  Thereafter, the opposite parties are not attending the phone calls also.  Even though a case is registered against opposite parties, as crime No. 534/2023 under section 406, 420 and 34 of IPC.  The complainant had suffered huge loss and mental agony due to the negligent act of opposite parties.  The complainant was constrained to pay electricity bill of Rs. 15,818/- for the solar panel also.  The complainant has produced technical proposals - Ext. A1, Customer acknowledgement for the transfer of an amount Rs. 1,50,000/- to the account of opposite party is produced as Ext. A2.  Ext. A3 is the account details of opposite party.  Ext. A4 series is the reviews of customers.  Ext. A5 is the FIR lodged by the Chandera Police Station in crime No. 534/2023.  Ext. A6 series is the electricity bill details. 

The commission carefully gone through the affidavit and documents produced by the complainant.  In the absence of rebuttal evidence, there is serious deficiency in service and unfair trade practice on the part of opposite parties on verifying the documents as per Ext. A1 to A5.  Due to the deficiency in service on the part of opposite parties, the complainant had undergone huge loss and severe mental agony.  The complainant is entitled for relief. 

The prayer of the complainant is to refund Rs. 1,50,000/- with interest along with electricity bill, compensation and cost of litigation.  The relief sought by the complainant is genuine, and he is entitled for the refund of the paid amount with interest and other miscellaneous expenses met by him due to the unfair trade practice on the part of opposite parties. 

Therefore, the complaint is allowed, directing opposite parties to refund Rs. 1,50,000/- (Rupees One lakhs Fifty thousand only) with interest at the rate of 9% from 11/5/2022 till payment along with electricity bill of Rs. 15,818/- (Rupees Fifteen thousand Eight hundred and Eighteen only) with interest from payment till realization with a compensation of Rs. 25,000/- (Rupees Twenty Five thousand only) along with cost of litigation of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order. 

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Exhibits

A1 – Technical proposals

A2 – Customer acknowledgement

A3 – Account details of opposite party

A4 – Reviews of customers

A5 – FIR lodged by the Chandera Police Station

A6 – Electricity bill

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/