IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MADIKERI

ORDER DELIVERED BY HON’BLE MEMBER

SRI. B. NIRMAL KUMAR

1. This complaint under section 35 of Consumer Protection Act 2019  to direct the opposite party to install the Solar water pumping system as promised or in the alternative refund the sum of Rs.4,85,000/- with interest @ 12% from the date of payment till refund of the same and direct the opposite party to reimburse the interest paid by the complainant on the loan amount for the interim period of non supply of goods promised along with bank charges and registration expenses for creating charge on the property in favour of the lending bank and direct the opposite party to pay a sum of Rs.1,00,000/- as compensation for causing mental agony, loss and hardship to the complainant along with the cost of this proceedings.

2. The brief facts of the complaint may be set out as under;

The complainant submits that; the complainant is widow and looking after small agricultural land for her livelihood.

That the opposite party claims to be a business undertaking dealing with solar technology as a renewal energy device for saving energy and cost.The opposite party represented to the complainant that through the Solar water pumping solutions it will enable and energize pumping water from deep bore wells for agricultural purposes.Thereby increase the yield.

That based on the representation given by the opposite party and as per their invoice dated 18/1/2021 the complainant placed order for Solar water pumping system SPS8000 costing Rs.4,85,000/-.The complainant paid a sum of Rs.80,000/- in cash on 19/2/2021 and in order to pay the balance sum the complainant was constrained to raise loan from KDCC Bank, Balele Branch, Kodagu for the sum of Rs.4,05,000/-.The bank sanctioned the loan and the said amount was also remitted to the account of O.P on 2/3/2021 by RTGS (UTR No.21061090008).

That the opposite party had promised to deliver and install the solar water pumping system within 15 days from the date of receipt of the money.However they have totally failed to honor their commitment. The complainant has contacted the opposite party on several occasions and they have been evading her calls and also giving false assurances through their text messages.But till date the opposite party has not installed the system for which they have received the entire payment long back.

That the complainant had required the said water pumping system during the month of March to irrigate her lands duty to paucity of water resources.Due to the failure on the part of opposite party in delivering the system in time, the complainant could not irrigate the lands and the loss thereby is substantial as crops will not yield well for the coming year due to shortage of water.

That the opposite party has cheated and defrauded the complainant by making false representations and not delivering the product even after receiving the entire saleconsideration.The complainant has been totally distressed and has been put to mental agony and great hardship due to the non supply of Solar water pumping system.The complainant has raised huge loan for placing order to the opposite party company and is paying interest on the same without even getting the delivery of the goods for which loan was raised.

That the complainant got issued legal notice dated 26/4/2021 to the opposite party either install the system or refund the amount.The notice has been served on the opposite party.The opposite party has neither replied to the said notice nor has complied with the demands made therein.

That the complainant does not require the solar water pumping system anymore and does not trust the credibility of the opposite party company after this unsavory incident.That the complainant has been subjected to untold misery in the entire process of seeking redressal of her lawful and legitimate demands. Hence this complaint.

3. After registration of the complaint, notice was issued to opposite party.  Inspite of service of notice opposite party remained absent without sufficient reason and cause.  Hence he is set exparte. 

4. In this case complainant filed her examination-in-chief by way of affidavit evidence as CW-1 with documents marked as exhibits C-1 to C-8 and heard the oral Arguments of complainant.

5. The points that would arise for our consideration are as under;
   1. Whether the complainant proves the deficiency in service by the opposite party and thereby she is entitled for the reliefs sought ?

2. What order ?

6. Our findings on the above points are as under;
   1. Point No.1 :- Partly Affirmative
   2. Point No.2:-As per the final order for the        

following ;

R E A S O N S

7. Point No.1:- The complainant in her affidavit has sworn all to all the facts pleaded in her complaint in particular she has stated that ; The opposite party represented to the complainant that through the Solar water pumping solutions it will enable and energize pumping water from deep bore wells for agricultural purposes.  Thereby increase the yield.  The opposite party and as per their invoice dated 18/1/2021 the complainant placed order for Solar water pumping system SPS8000 costing Rs.4,85,000/-.  The complainant paid a sum of Rs.80,000/- in cash on 19/2/2021 and in order to pay the balance sum the complainant was constrained to raise loan from KDCC Bank, Balele Branch, Kodagu for the sum of Rs.4,05,000/-.  The bank sanctioned the loan and the said amount was also remitted to the account of O.P on 2/3/2021 by RTGS (UTR No.21061090008).

The complainant had required the said water pumping system during the month of March to irrigate his lands duty to paucity of water resources.Due to the failure on the part of opposite party in delivering the system in time, the complainant could not irrigate the lands and the loss thereby is substantial as crops will not yield well for the coming year due to shortage of water.

8. In the legal notice addressed to opposite party on 26/04/2021, through her counsel calling upon the opposite party either install the system or refund the amount.  Inspite of service of notice opposite party has neither replied nor complied to the contents of notice.

9. Basically, the opposite party has not appeared before this Commission to context this complaint and has such the evidence placed by the complainant is not at all disputed by the opposite party and therefore the evidence adduced by the complainant goes unchallenged.

10. The facts sworn to by the complainant in her affidavit are substantiated by the documents produced by her.  On the basis of the affidavit of the complainant and the above said documents placed by the complainant, it is manifestly established that the opposite party has clearly caused deficiency in service to the complainant.  Hence, we answer this point nos.1 in the affirmative.

11. Complainant has not requested for install the solar water pumping system, she has prayed for refund of her money in their affidavit and arguments.  She has no other intention because The complainant has been totally distressed and has been mental agony and great hardship due to the non supply of solar water pumping system, and do not trust the credibility of the opposite party. 

12. Hence we saw the affidavit of the complainant state that she did not required the solar water pumping system anymore.  And therefore opposite party has liable to pay sum of Rs.4,85,000/- with interest from the date of payment till refund of the same.

13.  Point No.2:- From the discussion made above and conclusion arrived at, we pass the following order;

O R D E R

1. The complaint of the complainant under section 35 of Consumer Protection Act 2019 is allowed in part.
2. The opposite party directed to refund the sum of Rs.4,85,000/- with interest at 8% per annum from the date of receipt of this order.  Failing which he shall pay interest at 12% per annum after expiry of 45 days till the date of payment.
3. The opposite party further directed to pay the complainant compensation of Rs.25,000/- towards  mental agony and Rs.10,000/- towards cost of proceedings.
4. Copy of this order as per statutory requirements be forwarded to the parties free of cost and file shall be consigned to record room.

 (Dictated to the Stenographer, transcribed, corrected and pronounced in the open Forum on this 18^th DAY OF FEBRUARY, 2022)

              (B. NIRMALAKUMAR)                   (RENUKAMBA.C)                                                     

                      MEMBER                             PRESIDENT(I/C)                      

Witnesses examined on behalf of the complainant

CW-1-  Smt.S.K. Rathi (Complainant)

Documents marked on behalf of the complainant

Ex.C-1 : Copy of Proforma Invoice

Ex.C-2: Copy of the Receipt dated 19/2/2021

Ex.C-3 : Copy of Loan sanction order of KDCC Bank

Ex.C-4:- Copy of the letter dated 2/3/2021

Ex.C-5:- Office copy of the Legal notice dated 26/4/2021

Ex.C-6:- Postal Receipt

Ex.C-7:- Postal acknowledgement

Ex.C-8:- What’s app messages sent by the O.P to the complainant.

Dated:18/02/2022                               MEMBER