BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.489 of 2023
Date of Instt. 12.12.2023
Date of Decision: 30.07.2024
Ashok Kumar Sharma, Age 52 Years, S/o Late Basant Ram, Resident of H. No.41, Pacific Garden Colony, Near Govt. Sr. Sec. School, Dhanowali, Jalandhar Cantt. Jalandhar-144010
..........Complainant
Versus
ZunRoof Tech Private Limited, 6th Floor, Paras Trinity Sector 63, Gurugram Haryana-122011.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
OP exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that on 28.01.2020, the complainant signed the document to purchase a Solar Plant under Customer ID:NOV191281, it was started in Feb-2021 from OP. 25 years warranty was given of Solar Panel and 7 years for the above product by the OP and told the complainant that in case of any fault/defect if arisen in said solar panel during warranty period, the panel shall be replaced/repaired free of cost. On October 2023 heavy wind came and 3 panels of his solar plant flew away and 2 of them were damaged due to installation issue because it was not bolted properly. Party engineer confirms the same and asked to replace his two panels. The complainant brought the said defect into the notice of OP and party engineer came and confirmed the same. It happened due to mis-installation. The complainant sent emails to OP, but the OP refused to replace and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the price of the plant Rs.1,08,000/- and Rs.50,000/- as compensation and Rs.5000/- as litigation expenses.
2. Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately OP was proceeded against exparte.
3. In order to prove his respective version, the complainant has produced on the file his duly sworn affidavit Ex.CA alongwith some documents Ex.C-1 to Ex.C-4.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. From the scrutiny of the documents, it reveals that the complainant had contracted the OP for installation of Solar Plant in February 2021, which was installed in February, 2021 as per Ex.C-1. The OP had given a warranty of 25 years on Panel and 7 years on inverter as per Ex.C-2. In October, 2023 two of the panels flew away due to heavy wind and were damaged. It happened, since the panels were not bolted properly at the time of installation. The complainant brought the same in the notice of the OP on October 26, 2023 by email which is exhibited Ex.C-3. The engineers of the OP visited the site and confirmed that two panels were damaged and can be replaced on chargeable basis. On the other hand, the complainant insisted that the panels got damaged since they were not installed and bolted properly and should be replaced without cost, since they are in the warranty period. The photographs of bolts have been proved as Ex.C-4. Ex.C-5 is the cheque showing that Rs.25,000/- were paid to the OP and Ex.C-6 is online payment to OP. Vide Ex.C-7, the OP has admitted the receipt of 100% amount.
6. On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-7.
7. In view of the above detailed discussion, it is clear that the panels got damaged by the wind since they were not bolted properly. It is also clear that the panels were in warranty period. There is clear cut deficiency in service on the part of the OP. Therefore, the complaint of the complainant is partly allowed and OP is directed to replace the two damaged panels within 30 days from the receipt of the copy of the order, failing which OP will have to refund the full amount of the solar system. Further, OP is directed to pay a compensation including litigation expenses of Rs.8000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
30.07.2024 Member Member President
