| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 152 of 2.9.2020 Decided on: 15.7.2024 - Harminder Singh Saini aged about 62 years S/o Sh.Darshan Singh S/o Late Sh.Bahadur Singh R/o H.No.800 Street No.2, Bajwa Colony, Patiala.
- Darshan Singh aged about 90 years S/o Lare Sh.Bahadur Singh R/o H.No.800 Street No.2, Bajwa Colony, Patiala
…………...Complainants Versus - Zunroof Tech Private Ltd. # 1102, Sector-77, Sahibzada Ajit Singh Nagar (Mohali)-160055 through its Managing Director/Chairman.
- Zunroof Tech Private Ltd. # 1102, Sector-77, Sahibzada Ajit Singh Nagar (Mohali)-160055 through its Manager/Sector Manager.
…………Opposite Parties Complaint under the Consumer Protection Act QUORUM Ms.Gagandeep Gosal, President Sh.G.S.Nagi, Member ARGUED BY Sh.Gurdhian Singh, counsel for complainants. Opposite parties ex-parte. ORDER G.S.NAGI,MEMBER - The instant complaint is filed by Sarvshri Harminder Singh Saini & Darshan Singh (hereinafter referred to as the complainants) against Zunroof Tech Private Ltd. and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- It is averred in the complaint that complainants opted for installation of 5KVA solar power plant (with material) in their premises for a consideration of Rs.2,03,600/- and issued cheques No.897302 dated 5.1.2020 amounting to Rs.1,00,000/- drawn on Punjab National Bank payable at Patiala and had transferred a sum of Rs.1,03,600/-on 24.5.2020 in the account No.502000510442 of the OPs maintained with HDFC Bank as full and final payment as per the assurance of the OPs. That the set was to be installed in 7 to 10 days but they did not do so and have been putting off the matter on one pretext or the other .Finding no other alternative, complainants issued legal notices dated 17.8.2020 through registered post for installation of solar power plant or to refund the amount so received by them but the OPs did not pay any heed to the same. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the same by giving direction to the OPs to install the 5KVA solar power plant (with material) at the premises of the complainant at Patiala or to make the payment of the amount so received by them alongwith interest @18% till realization; to pay penal interest @12% per annum on the amount due from the date it became due till realization; to pay Rs.1,00,000/- for causing harassment and mental agony to the complainant and to pay Rs.11000/-on account of litigation expenses.
- Notice of the complaint was sent to the OPs but they refused to accept the same and were accordingly proceeded against exparte.
- To prove the case, ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C12 and closed the evidence.
- We have heard the ld. counsel for the complainants and have also gone through the record of the case, carefully.
- The complainant entered into the agreement with the OPs for installation of a solar power plant of 5KVA capacity at their premises for a consideration of Rs.2,03,600/-.A payment of Rs.1lac was made by the complainants to the OPs which has been confirmed by the OPs vide their mail dated 6.1.2020.Another payment of Rs.1,03,600/- was then made by the complainants to the OPs on 24.5.2020 and receipt of the 100% payment was confirmed by the OPs vide their mail dated 28.5.2020 as per Ex.C4. This payment was made only after clarification by the OPs was received vide mail dated 23.5.2020,Ex.C6 stating thereby that the installation of the plant will be completed within 15 days from the date of receipt of 100% payment against the order. However, the work of the installation of the solar plant was not started by the OPs and matter was taken up with the OP vide mail dated 10.6.2020 in response to which the OPs vide their mail dated 17.6.2020, Ex.C5 assured that the structure will be delivered within 7-10 days. However, nothing fruitful came out and the matter was again escalated through e-mail dated 11.7.2020 as per Ex.C7, wherein it was highlighted that the work of the installation should have been completed within 50 days from the date 100% payment is made i.e. by 13th of July. However, a mere assurance was received from the OPs vide mail dated 11th July 2020 and nothing concrete was done. Finally a request for the cancellation of the project and refund of the money so deposited with the OPs alongwith interest vide mail dated 14.7.2020,Ex.C8 was made. However, nothing but assurance was received in reply as per Ex.C8 from the OPs. Finally legal notice dated 17.8.2020,Ex.C10 was served by the complainant. But the grievances of the complainant were not resolved.
- We have gone through the rival submissions of the complainant.
- Payment of Rs.one lac was made on 6.1.2020 and Rs.1,03,600/- was made on 24.5.2020 and as such complainant made a total payment of Rs.2,03,600/- i.e. 100% payment to the OPs. A perusal of the e-mails produced by the complainants also proved that the plant was not installed by the OPs even after the receipt of the 100% payment against the project. The act and conduct of the OPs amounts to an unfair trade practice on their part.
- In view of the aforesaid discussion, we partly allow the complaint and direct the OPs to refund the amount of Rs.2,03,600/- so paid by the complainants alongwith interest @6% per annum from the date of payment till realization. We also direct the OPs to pay compensation of Rs.10,000/-to the complainants for causing mental agony and harassment. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of copy of this order.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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G.S.Nagi Gagandeep Gosal Member President | |
