Haryana

Ambala

CC/345/2021

Gupta Sales - Complainant(s)

Versus

Touchlife Greensys - Opp.Party(s)

Shekhar Bansal

13 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	345 of 2021
Date of Institution	:	11.11.2021
Date of decision	:	13.01.2023

 

Gupta Sales, # 3795, Shree Ram Bazar, Pul Chameli, Ambala Cantt., through its' Proprietor Shri Mahesh Gupta aged about 41 years;

…. Complainant

                                                Versus

1. Touchlife Greensys, ARDEE CITY, SECTOR 52, KANAHI, Gurgaon, Haryana, Pincode-122 033 (Mb.No.98456-77050), through its' Authorized Signatory.
2. Touchlife Greensys, SCO-224, Sector-37C, Chandigarh (Mb.No.93542-57220), through its' Authorized Signatory.

.…. Opposite Parties

 Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Shekhar Bansal, Advocate, counsel for the complainant.

                   OPs already ex parte vide order dated 20.07.2022.                  

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Sections 34 and 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To either install fresh Solar PV Roof-Top Plant System of 10.23 Kilowatt being the same under warranty period or refund the amount of Rs.4,87,500/- paid by the complainant;
2. To pay interest @ 18% per annum on the amount of Rs.4,87,500/- from 29.05.2021 till date of entire payment;
3. To pay Rs.3,00,000/- on account of compensation for causing deficiency in services and unfair trade practice and harassment, mental torture, agony, harassment and financial loss, to the complainant;
4. To pay cost of litigation.
5. Grant any other relief, which this Hon’ble Commission may deems fit.

 

2.             Brief facts of this case are that the Proprietor of the complainant- Mahesh Gupta (in short the complainant) has been running his business of selling cosmetic goods, gifts, Holi Colour, Stationeries and decorative goods etc. in a shop known as Gupta Sales at Shree Ram Bazar, Pul Chameli, Ambala Cantt. for the last more than 20 years, for earning his livelihood. The complainant has constructed residential house on the said business premises. Keeping in view the needs of electricity for the complainant in the business as well as for the residence purpose, the complainant contacted the OPs for installation of Solar PV Roof-Top Plant System of 1023 Kilowatt on the roof of his residence. On enquiry, the complainant was sent a Commercial Offer through OP No.2 wherein it was mentioned that there will be a warranty of 25 years of the said solar system. The employee of the OPs fully convinced the complainant that within the complete warranty period of 25 years, in case any manufacturing defect or negligence is found in the working of the installed Solar system,  they will get the same replaced by new one. Thus, the complainant being satisfied to the verbal as well as Commercial Offer Letter dated 29.07.2020, placed order for installing Solar PV Roof-Top Plant System of 1023 Kilowatt on 15.09.2020 and deposited an amount of Rs.1,00,000/- through NEFT, Rs.3,00,000/- on 19.11.2020 through NEFT and Rs.87,500/- was paid on 24.03.2021.  When the OPs installed the said solar system on the roof of house of the complainant on 24.03.2021, the complainant was issued Tax Invoice No.1062 dated 19.03.2021 for Rs.4,87,500/-, which includes CGST and SGST. The said solar system was got installed after getting the necessary permission by the OPs from the concerned Department. The OPs installed the plant as per their satisfaction after seeing the area of roof to extract sunlight for better protection of electricity units. Unfortunately, on the night of 29.05.2021, due to small gust of wind, the half portion of the solar system flew away and Panel/Plates of half of the solar system fell on the roofs and Verandahs of the houses of nearby residents as well as in the Gali of Ram Bazar. Fortunately, no-one suffered any bodily injury. The complainant took photographs of the panels/plates which fell in the Verandah and roof etc. of the nearby areas. Thereafter, the complainant contacted the OPs through phone as well as through personal visits and apprised them about the said incident, which took place on account of wrong installation  of the said solar system by them. Initially, the OPs promised to install new solar system free of costs being within warranty period; but thereafter they started lingering on the matter and did not do so. Various visits made by the complainant to the office of the OPs in the matter did not yield any result. Resultantly, the complainant lodged complaint about the said Solar System through e-mail on 23.07.2021 to the OPs, mentioning therein the entire episode and also made clear that in case of failure of redressal of his grievance, the complainant will be constrained to take legal action but to no avail.  Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs, before this Commission, therefore, they proceeded against ex-parte vide order dated 20.07.2022.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-10 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that it was on account of wrong installation of the solar panel system and its inferior quality that due to small gust of wind it flew away and was thereafter beyond use, which act amounts to deficiency in providing service and negligence on the part of the OPs and on account of such act, the complainant has suffered lot of mental agony, harassment and financial loss.
7.           Perusal of record reveals that vide tax invoice dated 19.03.2021, Annexure C-3, the complainant paid an amount of Rs.4 lacs out of Rs.4,87,500/- i.e. part cost of the solar panel and the remaining amount of  Rs.87,500/- was paid by him on 24.03.2021 to the OPs through NEFT, as is evident from the statement of account of Axis Bank, Annexure C-2. In this manner, total amount of Rs.4,87,500/- stood paid by the complainant to the OPs towards price of the solar system installed in his premises aforesaid. It is also evident from the terms and conditions of the Commercial offer letter Annexure C-1 that the solar system in question carried a warranty of 25 years over and above the inverter warranty of 5/7/8 years. However, in order to prove his case that the accessories of the said solar system flew away due to small gust of wind etc., the complainant has placed on record photographs Annexure C-6 to C-11 which speak themselves  and prove the case of the complainant that various parts of the solar system in question have flown on the roofs and Verandahs of the houses of nearby residents. In his complaint as well as at the time of arguments also, allegations have been leveled by the complainant, that it was on account of wrong installation/misplacement of the solar panel by the OPs that the said incident took place. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded ex-parte vide order dated 20.07.2022. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. Thus, by not making the solar system functional or replacing the same with a new one, free of costs, after it became nonfunctional due to the reasons referred to above, despite the fact that the same was under warranty period, the OPs are deficient in providing service and adopted unfair trade practice.  
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-
   1. To make the said solar system functional after replacing the defective parts with new one, free of costs or in the alternative to refund the amount of Rs.4,87,500/-, paid by the complainant alongwith interest @4% p.a. from the respective dates of deposits till realization.
   2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/- as litigation expenses.    

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 13.01.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President