Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R., Member

30^th day of November 2022

CC 93/21 filed on 11/02/21

Complainants        :         Kamarudheen, S/o Manikkathupady

                                      Chandanaparambil Pandikasalakkal Pokkuttymaster,

                                      Guruvayur P.O., Chavakkad Taluk,

                                      Thrissur – 680 101.

                                      (By Advs. B. Sajith & P.S. Najeeb, Thrissur)

Opposite Party      :         James, S/o Vallath Vattapparambil Kundurkkaran

                                      Varghese, Inchakkundu Post, Thrissur Taluk,

                                      Thrissur – 680 312

                                      (Ex-parte)

O R D E R

By Sri. C.T. Sabu, President :

          Facts of the Case as follows :

          On 09/10/18 the opposite party installed 12 Solar Panels on 150 watt, one solar inverter 8 KA  and six solar batteries of 150 AH in the house of the complainant. At the time of installation the opposite party offered 10 years warranty to 12 solar panels of 150 w, three years warranty to solar inverter of 8 KA and 5 years warranty to 6 solar batteries of 150 AH respectively. The opposite party issued warranty card for the same in the name of his shop Samtronic Power Systems. The complainant has paid Rs.1,99,000/- as cost of the products. But within few months the solar system stopped working. It was duly intimated to the opposite party. All the efforts to repair the system by the opposite party ended in failure and they have agreed to the complainant that they are ready to replace the solar system with a new one as per the terms in the warranty. But the opposite party failed to keep up his promise and neither repaired nor replaced the solar system. All the attempts to contact the opposite party in person were also in vain, as he was not available always in his office. Finally, the complainant issued a lawyer notice to the opposite party on 21/11/2020 demanding replacement of the solar system, that also had not yielded any result. Hence this complaint.

          2) Proper notice issued to the opposite party by the Commission. The opposite party has not cared to enter appearance or filed their version before the Commission. Hence proceedings against the opposite party were set ex-parte and posted for evidence of the complainant.

          3) When the case came for evidence the complainant filed proof affidavit  in which he affirmed and explained all the averments made in the complaint. There are two documents produced from his side which are marked as Exts. A1 & A2. Ext. A1 is the Guarantee Card issued by opposite party. Ext. A2 is the lawyer notice dtd.21/11/10.

          4) We have thoroughly examined the contentions of the proof affidavit filed by the complainant and perused the documents produced in this case. The complainant is put to irreparable injury and loss due to the act of the opposite party.  The opposite party is duty bound to replace the system as per the terms of the warranty. It is evident from the Ext. A2 documents that the complainant had taken earnest efforts for the fulfilment of the warranty conditions ensured by the opposite party. The opposite party deliberately evaded from the process of law even received notice from this Commission. Hence there is every reason to believe that there is deficiency in service and unfair trade practice on the part of opposite party.

          5) We have no other option that to believe the proof affidavit of the complainant as there is no contra evidence in this case. We are in the opinion that the complainant is entitled to get replacement of the solar system or in the alternative to get the money paid by him with interest.

          In the result, the complaint is allowed and the opposite party is directed to replace the system to the satisfaction of the complainant within one month from the date of this order, failing which, the complainant is entitled to receive from the opposite party a sum of Rs.1,99,000/- (Rupees One lakh ninety nine thousand only) towards refund of the cost of solar system, with  9% interest p.a. from the date of complaint till the date of realisation. Also directed to pay Rs.30,000/- (Rupees Thirty thousand only) towards compensation and cost of this complaint.

          The opposite party is allowed to take back the old one after complying the order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th day of November 2022.

   Sd/-                                             Sd/-                                        Sd/-            

Sreeja S.                                   Ram Mohan R                         C. T. Sabu

Member                                           Member                                               President

                                                    Appendix

Complainant’s Exhibits :

Ext. A1 Guarantee Card issued by opposite party.

Ext. A2 lawyer notice dtd.21/11/10.

                                                                                                     Id/-                                                                                                        President