Briefly stated the facts of the case as can be gathered from the case record is that the Complainant is an Ayurvedic doctor and has a branch office at Gayeshpur Anath Bandhu Seva Samity a non-profit earning organization. The Complainant being attracted by the lucrative advertisement of the O.P. No. 1 agreed to install a solar panel with Battery at his residence cum Branch office at Taposikhatha, accordingly the O.P. No. 1 installed the said machine of Solar Panel with battery on 03.08.2014 and supplied Solar Power in the residence of the Complainant for few hours on that date. After few hours of installing the said Solar Panel the supply of electricity suddenly stopped. The Complainant informed such failure of machine to the O.P. No. 1 over phone and the O.P. No. 1 attended the machine on 05.08.2014 and regenerated the electricity. The machine become further out of order on the next date and was repaired by the O.P. No. 1 but the defect remains same and again non- functioned from 08.08.2014. The O.P. no. 1 was informed accordingly and advised for changing the Battery by communicating with M/S Sanjoy Battery Store, Sevoke Road, Siliguri i.e. O.P. No. 2 although the O.P. No. 1 at the time of installing the said Machine assured instant service if required. Thereafter, on 17.08.2014 the O.P. No. 1 came to the residence of the Complainant and in presence of a mass local people made a publicity of his organization, i.e. Universal Truth Welfare Society and regenerated the electricity after repairing. Thereafter on 18.08.2014 the machine become non functioned and presently it is out of order for which it is very much clear that the Opposite Party No. 1 delivered a defective machine also did not issue any money receipt after receiving Rs. 40,000/- from the Complainant. The Complainant made3 several requests to the O.P. No. 1 but the O.P. No. 1 attended the Complainant for repairing the machine since after 17.08.2014. Finding no other alternative the Complainant made a complaint before the A.D, CAFBP for mediation but the mediation failed due to non co-operation of the O.P. No. 1 and being frustrated the Complainant has filed the present case before this Forum for Redressal and relief as incorporated in the prayer portion of the complaint.
In the present case, the Opposite party No. 1 refused the notice of this Forum and no appearance of O.P. No. 2 despite receiving the notice for which the matter was heard in Ex-parte.
ISSUES/POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASON
We have gone through the record very carefully, and perused the documents filed by the Complainant. Heard the argument advanced by Complainant at a length. Also perused the Evidence on affidavit of the complainant.
Point No.1.
It appears from the record that the Complainant purchased a Solar Panel from the O.P. No. 1 against payment of Rs. 40,000/- for which we have no hesitation to say that the Complainant is the “Consumer“ of the O.P. No. 1 but in the record we did not find any documents to hold that the Complainant is the “Consumer” of the O.P. No. 2.
Point No.2.
The Opposite Party’s address is within the jurisdiction of this Forum. The value of the present complaint is only Rs. 99,500/- i.e. far less than the prescribed limit. Thus, this Forum has every jurisdiction to try this case.
Point No.3 & 4.
Both these points are taken up together for convenience of discussion. Undisputedly, the Complainant being an Ayurvedic Doctor intended to purchase a Solar Panel for his Chamber-cum-Residence at Gayespur Anath Bandhu Seva Samity, Tapsikhata contacted with OP No.1 by attracting lucrative advertisement of OP No.1.
It is also not in dispute that the OP No.1 installed the Solar Panel with Battery (capacity 200 Kwt) on 03.08.2014 at the residence-cum-chamber of the Complainant.
The point of the dispute is that since after installation of the said Solar Panel, the machine started problem and supply of electricity disturbed.
Exhibit“3” shows that the Complainant received a solar System Panel with Battery (200 Kwt) by payment of Rs.40,000/- on 01.08.2014.
“Ex-2” shows that a mediation procedure was held at the Office of Assistant Director, CAFBP, Jalpaiguri but failed due to non-cooperation /not complied with the agreement was signed by both parties before the mediation table.
Finding no other alternative, the Complainant has filed the present case wherein also the opposite party refused the notice/did not appear before this Forum, for which it is crystal clear that the OPs have no intention to give proper service as to the said defective Solar System Panel and has nothing to challenge the case.
On perusal, the documents made available in the record it appears that the problem in the cropped up immediately after installation of the Solar Panel i.e. within seven days and the O.P. No. 1 on 05.08.2014, 06.08.2014 and on 08.08.2014 three times repairing the defect though ultimately the defect has not been cured. As and when the dispute of the newly purchased Solar Panel cropped up within a short period, it is reasonably be presumed that there is some inherent defect.
In this juncture, reliance has been placed upon the ruling reported in 2013 CJ 963 (N.C.) where the National Commission pleased to hold that “No expert evidence is required to be obtained where defects are glaring”.
In the present case, the Complainant being an Ayurvedic Doctor for the purpose of use the Solar Panel Machine in his residence cum chamber purchased the said machine from the O.P. No. 1 but his desire totally satire as and when the defect in the said vehicle/machine has not been cured even after servicing. The O.P. No.1 failed to provide satisfactory service for which the Complainant suffered huge loss along with mental agony.
The Complainant in the evidence an affidavit also in complaint clearly stated that the Complainant several time requested the OP No.1 for repairing the set by changing the battery but that was too unheeded. Moreover, the OP No.1 advised the Complainant to purchase the battery from the OP No.2, which is clearly a deficiency in service as and when the warranty period was 5 years, which is clearly revealed from the Order Form signed by the O.P. No. 1.
In the light of foregoing discussion, it has been already proved that the O.P. sold a defective Solar Panel Machine to the Complainant that caused huge loss and harassment for which the deficiency in service of the Opposite party cannot be ruled out. Considering the above in our view, it is the moral duty of the Opposite Party No. 1, a registered society in the name and style Universal Truth Welfare Society who launched Solar Project from whom the Complainant purchased the Solar Panel Machine to set right the same with ultimate goal for “Customer Satisfaction” within the short period. In this case, the same was not properly taken up.
From the entire factual matrix of the case and the statement of facts, emerging from the affidavits it is crystal clear that the Solar Panel Machine in question is a defective one and the Complainant did not enjoy the electricity even after installing the Solar Panel Machine for which the deficiency in service of the Opposite Party No. 1 cannot be ruled out.
In the present complaint, the Complainant has no specific allegation against the O.P. No. 2 and there are no documents to show any nexus of the O.P. No. 2. Thus, the O.P. No. 2 be immune.
Thus, the case is succeeds by unchallenged testimonies against the O.P. No. 1.
The Complainant claimed Rs. 42,000/- as the cost of the Solar Panel but the document shows that the cost of the said machine was Rs. 40,000/- after less Rs. 2000/- thus we unable to pass any order for refund Rs. 42,000/-.
Accordingly, all the points are decided In favour of the Complainant.
ORDER
Hence, it is ordered that,
The complaint case be and same is allowed in ex-parte against the O.P. No. 1 with cost of Rs. 5000/-.
The Opposite Party No. 1 is hereby directed to refund the actual price of the Solar Panel Machine i.e. Rs. 40,000/- on return of the defective Solar Panel Machine and compensation of Rs. 5000/- to the Complainant. O.P. No. 2 is immune from this case
The O.P. No. 1 further directed to pay the ordered amount to the Complainant within 45 days failure of which the O.P. No. 1 shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.
Dictated and corrected by me.
