Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
24th day of February 2023
CC 202/20 filed on 07/03/2020
Complainant : Akbar K.M., Proprietor, M/s Sana Collections,
Shan Complex, Nr. Cheruthuruthy, High School,
Cheruthuruthy P.O., Thrissur – 679 531.
(By Adv. A.D. Benny, Thrissur)
Opposite Party : Managing Partner, Oxben Solar Solutions, No.12,
2nd Floor, Centre View Complex, Nr. KSRTC,
Palakkad – 678 004.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The complainant and the opposite party entered into an agreement on 22/07/2019 for the purpose of installation of 5KW Roof top Solar PV Power System at the building owned by the complainant. The total amount for the cost of the project was fixed as Rs.3,00,000/- (Rupees Three lakh only).Out of which the complainant paid an advance amount of Rs.1,80,000/- as per the clause 10.6 of the agreement. The duration for the completion of the project is decided to three weeks after getting feasibility approval from KSEB.But after getting the feasibility approval the opposite party failed to complete the project within the stipulated time as per the terms of the agreement. Even after elapse of four months from the date of agreement the opposite party has not made any attempt to commission the project except erection of the steel stand and earth pipe. Hence the complainant caused a lawyer notice dtd. 23/12/19 to get back the advance amount paid by him. The opposite party replied with false contentions and the amount was not returned. There is deficiency in service and unfair trade practice on the part of the opposite party. Hence this complaint.
2) On receiving complaint notice was issued to the opposite party but it was returned as unclaimed. Hence proceedings against the opposite party were set ex-parte and the case is posted for complainant’s evidence.
3) When the case came for evidence the complainant filed proof affidavit in which he affirmed and explained all the averments in tune with the complaint. From the side of the complainant he has produced 4 documents which are marked as Exts. A1 to A4.Ext. A1 is the Lawyer Notice dtd. 23/12/19 send by the complainant. Ext. A2 is the Reply Notice dtd.13/01/20 send by the opposite party. Ext. A3 is the Commercial Solar System Installation Agreement. Ext. A4 is the copy of Statement of Account of M/s Sana Collections from 21/07/2019 to 31/08/19 issued by Dhanalaxmi Bank. The complainant also filed petition for expert report. That report was marked as Ext. C1.
4) We have meticulously gone through the contentions of the proof affidavit filed by the complainant and thoroughly perused the documents produced from the side of the complainant. Ext. A3 document is sufficient to prove the case of the complainant. It is evident from the Ext. A2 reply notice and also from Ext. A4 Bank statement that the complainant has paid Rs.1,80,000/- (Rupees One lakh eighty thousand only) to the opposite party, as advance money. We have examined the Ext. C1 report in detail. From the Ext. C1 report it can be seen that some preliminary steps have been taken by the opposite party with regard to the installation of the Solar Panel. No other improvements in the work except erection of steel stand and earth pipes. The Expert Commissioner categorically stated that “ഹർജിക്കാരന്റെ വസതിയുടെ മുകളില് സ്ക്വയർ പൈപ്പ് കൊണ്ടുള്ള ഒരു നിർമ്മിതിയും, താഴെ മൂന്ന് സ്ഥലങ്ങളിലായി 1.5 മീറ്റർ താഴ്ചയില് മൂന്ന് ജി.ഐ. പൈപ്പുകള് സ്ഥാപിച്ചിരിക്കുന്നതായും മാത്രമേ കാണുന്നുള്ളൂ. നിർമ്മിതി ഉണ്ടാക്കിയിരിക്കുന്നത് സോളാർ പാനല് സ്ഥാപിക്കുവാനും, ജി. ഐ. പൈപ്പുകള് എർത്തിങ് ചെയ്യുവാനുമാണ് എന്നാണ് പരിശോധന സമയത്തു ഹാജരായിരുന്ന എതിർകക്ഷിയുടെ പ്രൊജക്റ്റ് ഹെഡ് പറയുന്നത്. സോളാർ പാനല് സ്ഥാപിക്കുവാന് സ്ക്വയർ പൈപ്പ് കൊണ്ടുള്ള ഒരു നിർമ്മിതിയും മൂന്ന് സ്ഥലങ്ങളിലായി 1.5 മീറ്റർ താഴ്ചയിലുള്ള മൂന്നു എർത്ത് പൈപ്പുകള് സ്ഥാപിക്കലും മാത്രമാണ് ചെയ്തിട്ടുള്ളത്. And also stated that one solar distribution box was also seen in the place of inspection.
In the absence of any evidence to the contrary, we find no reason to disbelieve the allegations raised by the complainant. The opposite party’s act of non-compliance of Ext. A3 document certainly amounts to unfair trade practice and also constitutes a deficiency in service.
The opposite party had not cared either to enter an appearance or to file the written version before the Commission even after receiving the Commission’s notice. The opposite party’s conscious failure to submit their written version amounts to an admission of allegations levelled against them by the complainant. The Hon’ble National Commission expressed the same view in its order dtd. 09/10/2014 in RP 579/2017 [2017 (4) CPR 590]. The complainant is undoubtedly deserving of the advance amount paid by him. Since there is no contra evidence we are inclined to allow this complaint.
In the result, the complaint is allowed and the opposite party is directed to
- return to the complainant the advance money of Rs.1,80,000/- (Rupees One lakh eighty thousand only) with interest @ 9% p.a. from the date of payment i.e. from 23/07/19, till the date of realisation, and
- pay the complainant Rs.15,000/- (Rupees Fifteen thousand only) as cost and compensation to this complaint.
The opposite party shall comply with the above direction within one month of receiving a copy of this order. The opposite party has the liberty to get back the installed materials after payment of the entire amount.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24thday of February 2023.
Sd/- Sd/- Sd/-
SreejaS. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Lawyer Notice dtd. 23/12/19 send by the complainant.
Ext. A2 Reply Notice dtd.13/01/20 send by the opposite party.
Ext. A3 Commercial Solar System Installation Agreement.
Ext. A4 copy of Statement of Account of M/s Sana Collections from
21/07/2019 to 31/08/19 issued by Dhanalaxmi Bank.
Ext. C1. Expert Commissioner’s Report.
Id/- President
