IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated this the  25^th  day of August, 2022

Present:  Sri. Manulal V.S. President

            Sri. K.M. Anto, Member

C C No.282/2021 (filed on 24/11/2021)

Petitioner                                   :         K.R. Prasannan, Kaaradikunnel,

                                                            Aicompu, kadanadu P.O, Kottayam

District, Pin – 686653.

                                                                      Vs.              

Opposite parties                         :  1)    Sunil Kumar Dasan, Storia Power

                                                            Systems, X/18, Kaduppasserry road,

                                                            Thumpoor, Trissur Dist. – 680662.

O  R  D  E  R

Sri. K.M. Anto, Member

          The case is filed under section 35 of the Consumer Protection Act 2019.

          The brief of the complaint is as follows,

          The complainant had made on estimate for an amount of Rs.1,90,000/- with the opposite party for the installation of a 4 KVA roof top solar plant at his residence on 06-05-2021.

          On the assurance of the opposite party to complete the installation of the solar plant by 12^th may 2021, the complainant had paid an amount of Rs.50,000/- as advance by bank transfer to the opposite party. But the opposite party failed to complete the installation of the plant by 12^th May 2021 as promised and cited the reason of covid related issues for the delay.

          Finally on 17^th July 2021, some material were brought and installed  the roof top solar plant. But the system was not fully functional/operational. The opposite party demanded Rs.30,000/- for bringing some new  materials on 20^th July 2021, and the complainant transferred Rs.30,000/- to the account of the opposite party. The opposite party demanded Rs.70,000/- being the cost of the solar panels and the same amount was also transferred to the account of the opposite party. But the opposite party failed to reach on 20^th July 2021 and to complete the installation of the solar plant. Thereafter the opposite party is not even cared to attend the phone calls from the complainant. For getting reliefs for the hardships and  sufferings due to the deficiency in service on the part of the opposite party, this complaint is filed.

          On admission of the complainant copy of the complaint was duly served to the opposite party. The opposite party failed to file their version or to appear before the commission to defend their case. The opposite party was set exparte.

          The complainant filed proof affidavit and marked documents Exhibit A1 and Exhibit A2.

          On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points

1. Whether there is deficiency in service on the part of the opposite party.
2. If so what are the reliefs and costs.

For the sake of convenience, we would like to consider Point No.1 and 2 together.

Point No.1 and 2

          On going through the complaint, proof affidavit of the complainant and evidence on record. It is clear that the opposite party on 06-05-2021 agreed for the installation of a Roof Top Solar Plant at the residence of the complainant having 4KVA capacity for an amount of Rs.1,90,000/-. The complainant paid Rs.50,000/- as advance on the assurance that the solar plant will be installed on 12^th May 2021. But the plant was not installed on 12^th May 2021 and on 17^th May 2021, some materials were installed. But the solar plant was not fully operational. Complainant paid Rs.30,000/- and Rs.70,000/- as demanded to the opposite party.

          Exhibit A1 is the copy of the bill issued by the opposite party on 06-05-2021 for a total cost of Rs.1,90,000/-. Exhibit A2 is the details of bank statement of the complainant with Union Bank of India, Pala branch with Account number: 556102010005555 for the period  from 09-05-2021 to 18-07-2021. Exhibit A2 shows that an amount of Rs.50,000/- on 09-05-2021, Rs.30,000/- on 17-07-2021 and Rs.70,000/- on 18-07-2021 were transferred to the account SBI N 0018 115/20341675091 by the complainant. There is no evidence before us to see that the solar plant was started functioning after the installation of the unit. There is no contrary evidence to show that the opposite party had properly installed the 4 KVA roof top solar power plant at the residence of the complainant and the power plant was generating electricity for the residence of the complainant.

          From the above findings it is clear that the opposite party failed to properly install the roof top solar power plant at the residence of the complainant after accepting 1,50,000/- from the complainant. The act of the opposite party is deficiency in service on their part. Hence, Point No. 1 and 2 are found in favor of the complainant. The complainant is allowed and we pass the following order.

1. The opposite party is directed to refund an amount of Rs.1,50,000/- to the complainant with 6% interest from 24-11-2021 till realization and to take back the materials installed on the residence of the complainant within 30 days from the date of receipt of this order.
2. The opposite party is directed to pay Rs.10,000/- as compensation for mental agony and sufferings to the complainant with cost Rs.2,000/-.

          Pronounced in the Open Commission on this the 25^th day of August, 2022

          Sri. K.M. Anto, Member                   Sd/-

          Sri. Manulal V.S. President               Sd/-

By Order

                                                                                                    Assistant Registrar