The Complainant has filed this case under section 35 of the Consumer Protection Act, 2019 against the O.P’s. and praying for following Order/ Relief :-

1. Direction against the O.P’s. to pay a sum of Rs. 2,41,887/- ( Rupees Two Lakh Forty One Thousand Eight Hundred Eighty Seven Only) to the complainant towards refundable amount.

2. Direction against the O.P’s to pay a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the complainant for adopting unfair Trade Practice and for embezzlement of money with malafide intention.
3.  Direction against the O.P to pay a sum of Rs. 1,00,000/- (Rupees One Lakhs Only) to the Complainant for pecuniary loss, harassment, mental pain, suffering and agony suffered by the complainant by the acts of O.P’s.
4. Direction against the O.P’s  to pay a sum of Rs. 8,000/- (Rupees Eight Thousand Only)as litigation cost.
5. Any other reliefs which the complainant is entitled too.

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BRIEF FACTS OF THE COMPLAINANT

1. The Complainant is a permanent resident within the jurisdiction of Metli P.S., District Jalpaiguri and O.P. is a non conventional energy solar base item manufacturing unit having with M S M E Registration Unit and an ISO 9001, 2008 certified company.
2. The Complainant came to know about the O.P. concern through advertisement and mode as their business through internet.
3. That according to the Complainant he is pursuance of dealing in of the O.P. had a mind to step into the said business to set up or installation of

non-conventional solar supply and on a discussion dt. 15.05.2022 a proposal document was prepared and the Complainant based on Project Report dt. 27.05.2022 and dt. 09.08.2022 also agreed with the quotation. The complainant had entered into a contract regarding installation of K W Solar Power Plant with 7.5 hrs. Battery Back-up which was to be installed on the providing land of the complainant situated at Chetna Farm.

4. That according to the Complainant he thereafter following the contract through Net Banking facility had deposited a sum of Rs. 2,41,887/-            ( Rupees Two Lakh Forty One Thousand Eight Hundred Eighty Seven Only) out of Rs. 4,25,000/- ( Rupees Four Lakhs Twenty Five Thousand Only) in different times to the O.P’s.
5. The O.P. was assured and agreed to supply the necessary materials but he did not supply any materials to the Complainant and the said proposed installation of Solar Power Plant at the instance of the O.P. suppose to be completed by October 2022 and in good faith the Complainant paid the said sum of Rs. 2,41,887/- ( Rupees Two Lakh Forty One Thousand Eight Hundred Eighty Seven Only) to the O.P. rest amount was agreed to be paid after the installation of said Solar Power Plant by the O.P.
6. That since December 2022 the O.P. suddenly stopped to have any connection with the Complainant by any means and thereafter on 21.12.2022 the Complainant sent e-mail to the O.P’s. and requested to refund the invested money but the O.P. did not bother to answer anything to the Complainant and ignored the What’s App message of the Complainant.
7. That the Complainant sent legal notice dt. 28.03.2023 to the O.P’s requesting for refunding the sum of Rs. 2,41,887/- ( Rupees Two Lakh

Forty One Thousand Eight Hundred Eighty Seven Only) with interest to the Complainant but the O.P’s. did not received the Legal Notice which was returned to the Advocate of the Complainant.

8. That act of the O.P’s. tantamount to deliberate and gross unfair trade practice and deficiency in service on the part of the O.P’s. towards the Complainant who receiving a sum of Rs. 2,41,887/- ( Rupees Two Lakh Forty One Thousand Eight Hundred Eighty Seven Only)  from the Complainant did not installed in solar Project on the land of the Complainant.
9. That the cause of action of this case firstly arose on 10.08.2022 on the date of the 1^st payment by the complainant to the O.P’s., Secondly arose on 13.08.2022, 2^nd of the payment by the Complainant to the O.P’s, Thirdly on 30.09.2022, on the 3^rd payment by the Complainant to the O.P’s., Fourthly on 01.10.2022 on the date of 4^th payment, Fifthly on 20.10.2022 on the payment of 5^th payment, Sixthly on 04.11.2022 on the payment of 6^th payment, Seventhly on 28.03.2023, when the Complainant sent Legal Notice to the O.P’s. and finally on 31.03.2023 when the O.P’s. have refused to received the Legal Notice and the said cause of action is still continuing.

To prove the case the Complainant has filed the following documents. 1) Copy of proposal through e-mail dt. 27.05.2022.

2) Copy of project report collectively.

3)  e-mail dt. 17.05.2022.

4) Project report dt. 09.08.2022.

5) Copy of acceptation of Quotation.

6)  e-mail dt. 12.08.2022.

7) Copy of Tax in voice.

8) Copy of mode of payment.

9) Copy of e-mail dated 21.12.2022

10) Copy of cancelled cheque dt. 01.03.2023.

11) Evidence of cancel Cheque.

12) Statement of Banking Transaction Successfully by the Complainant

       to the ops

13) Copy of Prelitigation Pleader’s notice.

14) Postal Receipt dated 28.03.2023

15) Copy of Postal Endorsement dated 31.03.2023.

16) Copy of Adhar card of the complainant.

Notice was issued from this Commission for servicing the same upon the O.P’s. Despite receiving the notice the O.P’s have not appeared before this Commission to contest this Case.Accordingly this case is running ex-parte against the O.P’s.

Having heard the Ld. Advocate of the Complainant and on perusal of the complaint, documents filed by the Complainant and other materials in record the following points are taken to be consideration by this Commission.

Points for consideration :-

1. Whether the Complainant is a Consumer?
2. Whether the case is maintainable under the Consumer Protection Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Whether the Complainant is entitled for the relief sought?                                             

                 Decision with reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

At the time of argument Ld. Advocate of the Complainant argued that,

To prove this case the Complainant was given liberty to file evidence. The complainant himself filed Written Deposition in the form of the Affidavit. In the Written Deposition the Complainant has specifically corroborated the complaint of the complainant and specifically stated on which day the agreement was executed between them and on which day the complainant has paid the Rs. 241887/- out of Rs. 4,25000/-to the O.P’s.. The complainant has stated in his deposition that he sent Legal demand notice to the O.P’s. through his Ld. Advocate asking for refunding the sum of money which was received by the O.P’s. due to non installation of Solar Power Plant on the land of the Complainant within the stipulated period.

To prove the case the Complainant has also filed some documents by a Firisty including the agreed quotation, e-mails, payment receipt, Legal Notice before this Commission.

At the time of argument Ld. Advocate of the Complainant submitted that the Complainant has been able to prove this case against the O.P’s. not only through evidence of the Complainant but also by producing several documents including money receipts. He further argued that despite receiving the Legal Notice issued by the Complainant the O.P’s, they did not perform the installation work as agreed by them on the land of the Complainant.

Considering the unchallenged evidence of the Complainant and considering the documents filed by the Complainants we are all of view that the Complainant has been able to prove the case against the O.P’s. to the effect that despite receiving most of the quotation amount the O.P’s. did not perform the work of installation of Solar System which is nothing but the clear deficiency in service on the part of the O.P’s as well as restrictive trade practice.

Hence, it is therefore,

 O R D E R E D

That the instant consumer case being no. 23/2023 is hereby allowed on exparte against the OPs but in part. Both the OPs are jointly and severally liable to pay a sum of Rs. 2,41,887/- (Rupees Two Lakhs Forty One Thousand Eight Hundred Eighty Seven ) only to the complainant as refundable amount. The OPs are also directedto pay a sum of Rs. 50,000/- (Rupees Fifty Thousand) only to the complainant towards deficiency in service, unfair trade practice as well as for causing mental pain, agony, harassment to the complainant by the OPs. The OPs are further directed to pay a sum of Rs. 5000/-(Rupees Five Thousand ) only to the complainant  towards cost of legal proceedings. The OPs are also directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand ) only

in the Consumer Legal Aid Account of this Commission. The OPs are directed to pay interest to the complainant @ 7 % per annum w.e.f date the date of filing of this case till making payment of the entire amount.

The OPs are directed to pay the awarded amount within 45 days from this day failing which the complainant will have the liberty to take proper steps against the OPs.

Let a copy of this order be given to the Complainant free of cost.