Haryana

Kurukshetra

CC/533/2019

Rajbir Singh - Complainant(s)

Versus

Tejesh Solar Power Solution - Opp.Party(s)

Ram Ishwar Doot

02 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

Consumer Complaint No.533  of 2019.

Date of Instt.:11.12.2019.

Date of Decision:02.03.2021.

 

Rajbir Singh son of  Sh.Karta Ram resident of Bapdi Colony,Ladwa, District Kurukshetra.

                                                                        …….Complainant.                                              Versus

 

1. Tejesh Solar Power Solution, near Bapda Chowk, Indri Road, Ladwa, Kurukshetra throughits owner.

2. Microtek Head Office, H-57, Udyog  Nagar, Rohtak Road, New Delhi, through its authorized person.

                ….…Opposite parties.

 

                  Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                

                 

Present:     Sh.Ram Ishwar Doot Advocate for the complainant.

                Opposite Parties ex-parte.

 

ORDER

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by the complainant Rajbir Singh against Tejesh Solar Solution etc.- the opposite parties.

 

2.             The brief facts of the complaint are that the complainant has  purchased a Inverter Microteck 925 E2 Birla Battery from OP No.1 for an amount of Rs.14,500/- vide invoice No.326 dated 25.09.2017 and the OP No.1 at the time of purchase of the battery assured that the battery is of good quality and gave warranty for 36 months to the complainant. The OP No.1 further assured to replace the inverter , in case of any problem in the inverter.  It is averred that  after few days of its purchase,  inverter and battery were not working properly. The back of the  inverter is only for 2/3 hours only. The inverter is running inspite of power off.  The complainant contacted the OP No.1 but the OP No.1 did not give any satisfactory reply.  The complainant again contacted the OPs but the OPs, but the OPs flatly refused to replace the inverter which amounts to deficiency in services on the part of the OPs. Thus, the complainant has filed the present complaint alleged  deficiency in services on the part of the OPs and prayed that the OPs be directed to  refund the cost of the inverter i.e. Rs.14,500/- alongwith interest  from the ate of its purchase and compensation of Rs.one lakh for the mental harassment caused to him and the litigation expenses.

 

3.             Notice of the complaint was given to the OPs. OPs were served but  failed to appear and contest the case. Therefore, OPs were proceeded against ex-parte vide order dated  28.01.2020.

4.             The complainant in support of his case has filed affidavit Ex.CW1/A andtendered documents Ex.C-1 to Ex.C-5 and closed his evidence.

5.             We have heard the learned counsel for the complainant and gone through the material available on the file.

6.             The learned counsel for the complainant while reitreating the  submissions made in the comlaint has argued that the complainant has  purchased a Inverter Microteck 925 E2 Birla Battery from OP No.1 for an amount of Rs.14,500/- vide invoice No.326 dated 25.09.2017 and the OP No.1 at the time of purchase of the battery assured that the battery is of good quality and gave warranty for 36 months to the complainant. It is also argued that the  OP No.1 further assured to replace the inverter , in case of any problem in the inverter.  It is argued  that  after few days of its purchase,  inverter and battery were not working properly. The back of the  inverter is only for 2/3 hours only. The inverter is running inspite of power off. It is further argued  complainant contacted the OP No.1 but the OP No.1 did not give any satisfactory reply.  The complainant again contacted the OPs but the OPs, but the OPs flatly refused to replace the inverter which amounts to deficiency in services on the part of the OPs.

6.             From the perusal of the file, it is established that the purchased a Inverter Microteck 925 E2 Birla Battery from OP No.1 for an amount of Rs.14,500/- vide invoice No.326 dated 25.09.2017. The OP no.1 gave 36 months warranty for the said inverter and battery. The said inverter and battery were not working properly. The back of the  inverter is only for 2/3 hours only. The inverter is running inspite of power off. The OPs despite due service failed to appear and contest the case. Therefore, it is established that the inverter  and battery sold by OP No.1 and manufactured by OP No.2 were defective and the OPs failed to replace or repair the same despite due complaints of the complainant. The above said version of the complainant goes unrebutted and unchallenged and it is proved that the inverter and battery sold by OPs were defective and the OPs failed to repair or replace the same. Therefore, deficiency in services on the part of the OPs is made out.

 

        In view of our above discussion, we accept the present complaint and direct the OPs refund the sum of Rs.14,500/- i.e. cost of  Inverter Microtek 925 E2 Birla Battery to the complainant. The complainant shall be entitled to the sum of Rs.5000/- as compensation for the mental harassment caused to him and the litigation. The complainant shall return the old inverter and battery to the OPs. The OPs  are   further directed to make the compliance of this order within a  period of  45 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open commission:

Dt.:2.03.2021                                                         (Neelam Kashyap)

                                                                                    President.

 

 

(Issam Singh Sagwal),         (Neelam)       

 Member                              Member.