DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.1179 of 2018

                                                Date of institution:  15.11.2018                                                  Date of decision   :  15.05.2019

Amrit Kaur wife of Shri Bakshish Singh, resident of House No.2842, Phase-7, Mohali through her General Power of Attorney Tejinder Singh son of Shri Bakshish Singh aged 61 years, resident of House No.815, Phase 3B1, Mohali.

…….Complainant

Versus

ZunRoof Tech. Private Limited through its Managing Director, H.No.581, DLF, Phase-5, Sector 43, Gurgaon, Haryana 122009.

                                                                ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Tejinder Singh, GPA of complainant in person.

                OP Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                OP took the task of installation of solar system at house No.2842, Phase-7, SAS Nagar belonging to complainant on agreement of acceptance of total sale consideration of Rs.2,41,500/-. 95% of this agreed amount was paid. In April, 2018 OP disclosed complainant that installation will be done, but despite elapse of more than 7 months, OP has not completed the work. The system installed by OP has not started working till date and as such the same is of no use for complainant. Complainant is paying electricity charges regularly. Due to delay in complete installation of solar system, complainant suffered mental and financial loss and as such after serving legal notice dated 07.09.2018 through registered post, this complaint filed for direction to OP to install electric meter of the solar system and other essential devices for rendering the same work properly.  Compensation for mental tension and harassment of Rs.50,000/- more claimed.

2.             OP is ex-parte in this case.

3.             GPA of complainant tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-6 and then closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Affidavit Ex.CW-1/1 alongwith copy of GPA Ex.C-1 shows that complainant has appointed Tejinder Singh as her GPA. Copy of invoice Ex.C-2 shows as if installation of solar panel alongwith solar inverter undertaken by OP on acceptance of Rs.2,33,352/- on 23.06.2018.  Copy of e-way bill Ex.C-3 supplement contents of invoice Ex.C-2. Total projected cost in estimation mentioned as Rs.2,50,000/- in Ex.C-4. That installation was to include wiring, GISS structure and panel etc. In the end of Ex.C-4 total cost of the project mentioned as Rs.2,41,500/- inclusive of GST. 95% of the amount alleged to be paid, but despite that complete installation of solar system has not taken place even though legal notice Ex.C-5 dated 07.09.2018 through postal receipt Ex.C-6 sent by complainant to OP. It is the claim of complainant that 95% of total amount of Rs.2,41,500/- has already been paid and as such contents of e-way bill Ex.C-3 establishes as if amount of Rs.2,22,240/- plus tax amount paid. GST of amount of Rs.11,112/- charged through tax invoice Ex.C-2 and as such virtually an amount of Rs.2,33,352/- has been collected by OP from complainant. As installation of solar system complete in all respects has not taken place till date, despite the fact that period of about 10 months has elapsed and as such certainly there is deficiency in service on part of OP.  A person who pays hefty amount of more than Rs.2.00 lakhs cannot wait for long for completion of project of installation of solar system, more so when electricity also consumed in installation of part of project of solar system. Being so, complainant entitled to have direction against OP, so as to prevail upon OP to complete installation of solar system in question within 30 days from the date of receipt of copy of order. In case OP not in a position to complete installation of solar system within this period of 30 days, then OP will refund received amount of Rs.2,33,352/- with interest @ 8% per annum w.e.f. 23.06.2018 till payment. In the event of refund of amount, OP will be entitled to collect already installed equipment. Complainant also entitled to compensation for mental agony and harassment and to litigation expenses of somewhat hefty amount because complainant, a lady 61 years age had to bear mental tension and agony for the deficient services of OP in not completing the project, despite the fact that assurance for installation was given in April, 2018 at earliest.

6.             As a sequel of above discussion, complaint allowed in terms that OP should complete the installation of the solar system in question within 30 days from the date of receipt of copy of the order or in the alternative, OP should refund received amount of Rs.2,33,352/- with interest @ 8% per annum on this amount w.e.f. 23.06.2018 till payment. In case refund of the amount to be done by the OP, then entitlement of the OP for the already installed equipments will be there.  Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OP.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

May 15, 2019.

                                                                (G.K. Dhir)

                                                                President

                                               (Mrs. Natasha Chopra)

Member