DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 17th day of January, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing: 23/08/2022
CC/154/2022
Nandakumar.E. M
Apt. 5A, Tower 5
Tritvam, Gosree Pachalam Link Road
Marine Drive
Ernakulam - 682018 - Complainant
(Party in person)
Vs
Stalin, S.
MD, Oxben Solar Solutions Pct. Ltd.
28/216(25), Second Floor
Sayan Arcade
Mukkanath Parambu, West Yakkara
Palakkad, Kerala - Opposite party
(By Adv. Shine Francis)
O R D E R
By Sri.Krishnankutty N.K., Member.
1. Pleadings of the Complainant
The complainant signed an agreement with the opposite party on 1st August, 2021 to install a 5KW solar panel and system on the roof top of his house in Palakkad. Since the opposite party failed to honour the commitments in the contract, the agreement was cancelled and the opposite party agreed to refund the advance amount of Rs. 1,50,000/- paid at the time of signing the agreement. Due to continuous follow up, the complainant has received Rs.145000/- from the complainant in many installments till 20/07/2021. Hence he approached this Commission seeking order for the refund of the remaining balance of Rs. 5000/- and a compensation of Rs. 1,00,000/-
2. Notice was issued to the opposite party. He entered appearance but didn't file version.
3. The complainant and opposite party neither filed their proof affidavit, nor mark any documents as evidence. Though the case was posted for Adalath on 25/11/22, both the parties were absent.
4. Since the complainant was continuously absent for the proceedings, the case was taken for orders based on merits.
5. The complainant has not taken any initiative to prove his case by filing proof affidavit or marking necessary documents in support of his arguments. Further, his absence during the proceedings of the case is a clear indication that he is not very serious about the case. It is also not clear whether the matter has already been settled between the parties after filing this complaint. Since the complainant failed to establish a prima-facie case, the complaint is qualified for dismissal.
6. In the result, the complaint is dismissed.
Pronounced in the open court on this the 17th day of January, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
Appendix
Documents marked from the side of the Complainant: Nil
Documents marked from the side of opposite party: Nil
Witness examined- Nil
Cost- Nil
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
