DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 6^th day of July, 2023

Present   : Sri.Vinay Menon V., President

               : Smt.Vidya.A., Member  

               : Sri.Krishnankutty N.K., Member           Date of filing: 26/12/2022                           

     CC/261/2022

Jayalakshmi. K,

‘Madhav’ Shanti Nagar,

27/43, Cherpulassery

Palakkad – 679 503                                                        -    Complainant

(By Adv. K.V.Surendran)

V/s

    Stalin.S

   Managing Director,

Oxben Solar Solutions Pvt. Ltd.,

   Regd.Office: 28/16, Second Floor                                   -   Opposite party

   Syan Arcade, West Yakkara,

   Near Railway Gate,

   Palakkad – 678 001. 

   Present Office Address        

    No.2, Second Floor,

    Centre View Complex,

    Near KSRTC Stand,

    Palakkad - 678 004. 

    (Ex-parte)

O R D E R 

By Sri.Krishnankutty.N.K., Member

1.  Pleadings of the complainant in brief.

     The complainant entered into an agreement on 3/02/2022 with the opposite party for the installation of 5KW roof top solar power system and paid Rs. 1,80,000/-as advance. But the opposite party neither completed the installation and commissioning work as per the contract nor refunded the advance amount.  Even the lawyer notice issued did not create any favourable response. Hence she filed this complaint seeking refund of the advance amount of Rs. 1,80,000/- along with a compensation of             Rs. 10,00,000/-(Rs. Ten Lakh) for mental agony and related sufferings.

2.   Notice was issued to the opposite party, but it got returned with endorsement “not known” Notice sent by way of e-mail was received by the opposite party, but they failed to file their version within the statutory period, hence the case was proceeded ‘ex-parte’.      

3.   The complainant filed proof affidavit and marked Ext.A1 to A7 as evidence. Ext.A1 is the agreement executed between the complainant and opposite party for installation of the solar plant, Ext.A2 is Receipt for the advance amount of Rs.1,00,000/- paid, A3 is the Bank Account statement of complainant’s son showing the payments of Rs.1,00,000/-, 40,000/- and 40,000/- , A4 is the letter sent by opposite party to the complainant, A5 is the copy of lawyer notice sent by the complainant returned undelivered,                A6 is the copy of the lawyer notice along with postal receipt and A7 is the photo of the skeletal structure constructed by the opposite party on the roof of the complainant.

4.   From the documents adduced as evidence, the following conclusion can be drawn.

1. The opposite party had entered into an agreement with the complainant for installation of a 5KW roof top solar plant(Ext.A1) and collected Rs.1,80,000/- as advance(Ext.A2 & A3).
2. The opposite party has neither completed the project nor refunded the advance amount as promised. The lawyer notice addressed to the opposite party returned undelivered with endorsement “Door locked”.(Ext.A5 &A6).

5.   In the absence of any counter pleadings from the side of the opposite party, it is evident that the complainant neither completed the installation of solar plant as per the agreement executed nor refunded the advance amount collected from the complainant. This is a clear case of deficiency in service or unfair trade practice.

6.   In the result the complaint allowed ordering the following reliefs.

1. The opposite party is directed to refund Rs.180,000/- being the advance amount collected along with interest @10% per annum from 03/02/2022 till the date of payment.
2. The opposite party is also directed to pay Rs.1,00,000/- as compensation for mental agony and related sufferings.
3. Rs.10,000/- as cost.

        The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium  per month or part thereof till the date of payment.

      Pronounced in open court on this the 6^th day of July, 2023.

        Sd/-

                                                                                      Vinay Menon V

                                          President

       Sd/-

    Vidya.A

    Member

        Sd/-

                                                                         Krishnankutty N.K.

                                                                                 Member

APPENDIX

Exhibits marked on the side of the complainant:

Ext. A1  : Agreement with the complainant for installation of a 5KW roof top solar.

Ext. A2  : Receipt for the advance amount of Rs.1,80,000/-.

Ext. A3  : Bank Account statement for the period 01/02/2022 to 28/02/2022.

Ext. A4  : Letter sent by opposite party to the complainant dated 24.09.2022.

Ext. A5  : Copy of lawyer notice sent by the complainant returned undelivered.

Ext. A6  : Copy of the lawyer notice along with postal receipt.

Ext. A7  : Photo of the skeletal structure constructed by the opposite party.

Exhibits marked on the side of the opposite party: Nil

Witness examined on the side of the complainant: Nil

Witness examined on the side of the opposite party: Nil

Court Witness: Nil

Cost:  Rs. 10,000/-

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.