BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the complainant gave order to the OP for  Nexus 390BIFNXS 12V Solar Energy Module (Transport Charge Extra) on 24.02.2021 vide order No. 198 at Rs. 16,000/- (Rupees Sixteen Thousand only ) the complainant paid the amount through upi mode on 24.02.2021 to the Opposite Party. The complainant paid the amount of Rs. 2,300/- (Rupees Two Thousand three hundred only) as Transport Charges to the Opposite party on 03.02.2021 via online (Transaction ID: 1062144490108). When the complainant received the said Solar Module from the opposite party on 03.03.2021, the product was found different from what he had ordered. So the complainant contacted with the opposite party for the issue and the opposite party asked the complainant to return the product and the complainant would have to pay the delivery charges for returning the product, which showed the irresponsible behavior of the opposite party. The cost of the received product was also low than what the complainant had to pay to the opposite party. The said solar energy module was 24 volt instead of 12 volt. This was ordered by the complainant. The complainant also raised a complaint against the issue to the opposite party being Complainant No. NEXWB211 and such unethical and unlawful act is not tenable under the eye of law, the complainant tried to contact with the opposite party via the medium of call, but the complainant has not received any constructive reply from the opposite party. The records of the calls have been recorded for the purpose of evidence and being deprived of the right and being duped of the hard-earned money the complainant intimated the opposite party multiple times however no constructive reply has been received by the complainant till now which is the opposite party’s unethical act and conduct. The complainant states that  the above mentioned dispute clearly states that there was gross negligence on part of the opposite party and he is running an Unfair Trade Practice in order to dupe the hard earned money of the complainant. The opposite party has miserably failed to provide right and proper service despite the complainant has paid the full amount to the opposite party and thereby causing deficiency in service and has done unfair trade practice. The instant complaint is filed within the prescribed time period in terms of the provisions of the Consumer Protection Act 2019. The cause of action of the instant complaint arose on the date 22.03.2021 upon non performance of opposite party’s obligation despite Notice of the Ld. Advocate of the Complainant. The complaint is made bonafide and for ends of justice. There is no suit pending nor has been decided on the same subject matter between the parties by any competent court of law other than the described one. 

It is prayed to direct the Opposite Party to refund the complainant Rs. 18,300(Rupees Eighteen Thousand and Three hundred only) which is already paid to the opposite party after taking back the said product at   own cost of opposite party and to pay Rs. 10,000/- as a compensation to the complainant for the deficiency in service, for Unfair Trade Practice, mental harassment and agony and to pay the cost of litigation of Rs. 20,000/-, and  order/orders as the commission may deem fit and proper in the interest of justice equity and good conscience.

Notice was issued upon the Opposite Party. Despite service of notice the OP did not appear to contest the case. Hence, the case is heard ex parte against the OP.

Points for determination are:

1. Is the case maintainable in its present form and in law?                                            2.   Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by Complainant. The complainant is a consumer and the op is a service provider within the purview of the Consumer Protection Act. Therefore ,the case is maintainable in its present form and in law. It is evident that the complainant gave order to the OP for a product Nexus 390BIFNXS 12V Solar Energy Module (Transport Charge Extra) on 24.02.2021 vide order No. 198 at Rs. 16,000/- (Rupees Sixteen Thousand only ) the complainant paid the amount through upi mode on 24.02.2021 to the Opposite Party. The complainant paid the amount of Rs. 2,300/- (Rupees Two Thousand three hundred only) as Transport Charges to the Opposite party on 03.02.2021 via online (Transaction ID: 1062144490108). When the complainant received the said Solar Module from the opposite party on 03.03.2021, the product was found different from what he had ordered. So the complainant contacted with the opposite party for the issue and the opposite party asked the complainant to return the product and the complainant would have to pay the delivery charges for returning the product, which showed the irresponsible behavior of the opposite party. The cost of the received product was also low than what the complainant had to pay to the opposite party. The said solar energy module was 24 volt instead of 12 volt. The complainant also raised a complaint being Complainant No. NEXWB211. The OP has not turned up to controvert the statement of the complainant on oath. The opposite party has miserably failed to address the grievances of the consumer properly thereby causing deficiency in service and has set an instance of unfair trade practice.

From the above facts and uncontroverted evidence, it appears that the complainant has been successful in proving his case.

Thus ,both the points are decided in favour of the complainant.

Hence, it is

O R D E R E D

That CC/87 of 2021 be and the same is allowed ex parte against the OP.

          The Opposite Party is hereby directed to pay a sum of 25,000/-( Rs.18,300/-as  value of Solar Module including the transportation charges and  Rs. 6,700/-as towards compensation ) to the complainant along with interest @ 8% p.a. from the date of filing of this case till full realization of the awarded amount with further Rs. 5000/- as litigation cost, within two months from the date of this order, failing which the complainant will be at liberty to put this order into execution.

          The Complainant will return the unwanted/ delivered product ie Solar Module to the op on demand as it is where it is basis at transportation charges to be borne by the op ,after compliance of order by the op first. The liability of returning of the said product by the complainant will be absolved after three months from the date of compliance of order by the op if the op does not wish or take step for taking return of the same.

Let copy of the judgment be supplied to all the parties free of cost