DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 25th day of November 2013
Present: Smt.Seena.H, President
Date of Filing : 02/08/2013
CC No.125/2013
L.Gangadharan,
S/o.Lakshmanan,
Chozhan Veedu,
Kallukuttiyal, Polpully,
Palakkad
(By Adv.Indira A.V) - Complainant
Vs
V.James,
S/o.Varghese,
Pallath Vattaparambil,
Injakkundan,
Mupliyam Post,
Thrissur - Opposite party
O R D E R
Order by Smt.SEENA.H, PRESIDENT.
Complaint in brief:
Complainant believing the exaggerated claim made by opposite party regarding the efficiency and performance of their solar panel equipments installed the same on the roof top of his house. Opposite party made believe the complainant that the solar panels and supportive instruments offer continuous functioning of electrical equipments including airconditioner for 13 hours. Installation work was completed on 17/10/12. Complainant paid an amount of Rs.2,20,000/- in addition to Rs.10,000/- paid in advance. Thereafter the complainant found that the offered output was not available. When complained opposite party made some repair works, with no result. The installed panels were not at all giving even minimum backup for fans and lights. Airconditioners never could be backed up. According to the complainant fans and light worked only for a time period of one hour. Thereafter on 15/11/12 onwards the entire system stopped functioning. Opposite party alongwith his workers came, but could not repair and the system remained non functioning. Complainant several times requested for refund of the paid amount and to take back the installed panel and equipment. Opposite party never paid the amount. Informed that he will take back the equipments when he gets another installation order. So far complainant has not refunded the amount or taken back the equipments. Hence, the complainant prays for an order directing the opposite party to pay the amount paid together with cost and compensation.
Opposite party set exparte.
The evidence adduced consists of the chief affidavit of complainant. Ext.A1 to A5 marked.
Issues for consideration:-
1. Whether the equipments supplied to the complainant is a defective one?
2. Whether there is any deficiency in service on the part of opposite party ?
3. If so, what is the relief and cost entitled to the complainant ?
Issues No.1,2 &3
Payment of Rs.2,20,000/- towards purchase of solar panel equipments is born out by Ext.A3. Ext.A4 is the guarantee card issued. The definite case of the complainant is that the performance of the solar panel was not satisfactory at the initial stage of installation itself and was not as promised by the opposite party. Later the equipment became non functioning and opposite party has not taken steps to clear the defect. There is no evidence on record to show that the solar panel is not working and is a defective one. There is also no evidence on record to show payment of Rs.10,000/- as advance. Since opposite party has not adduced any evidence contrary to the one adduced by the complainant, the evidence tendered by the complainant stands unchallenged.
Moreover opposite party has committed unfair trade practice for which complainant has to be compensated. The relevant portion as per 2(1)(r). of Consumer Protection Act is noted below:
2(1)(r).Unfair trade practice means a trade practice which for the purpose of promoting the sale, use or supply of any goods or for the provision of any service adopts any unfair trade practice including any of the following particulars namely.
1)The practice of making any statement, whether orally or in writing or by visible representation which
(i) Falsely represents that the goods are of a particular standard,
quality, quantity, grade, composition, style or model.
(iv) represents that the goods or services have sponsorship, approval,
performance, characteristics, accessories, uses or benefits which
such good or services do no have
(vi) makes a false or misleading representation concerning the need for
or the usefulness of any goods or services.
Forum finds that the opposite party has supplied equipments, the performance of which is not satisfactory as promised.
In the result complaint allowed. Opposite party is directed to pay complainant an amount of Rs.2,30,000/-(Rupees Two lakhs thirty thousand only) being the price of the solar panel installation alongwith Rs.10,000/- (Rupees Ten thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. On payment of the ordered amount opposite party is at liberty to take back the equipments installed. Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 25th day of November 2013.
Sd/-
Seena H
President
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Photocopy of Bill issued to the complainant for purchase of
installation equipments for Rs.1155.17 dtd.16.10.12
Ext.A2 – Photocopy of bill issued to the complainant for Rs.1250.07
dtd.16/10/12
Ext.A3 – Photocopy of bill issued to the complainant dated 17/10/12 for
Rs.2,20,000/-
Ext.A4 – Photocopy of guarantee card issued by the respondent dated
17/10/12
Ext.A5 - Lawyer notice returned unclaimed with acknowledgment card.
Exhibits marked on the side of the opposite party
Nil
Cost
Rs.1,000/- allowed as cost of the proceedings.
