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Delay in installing solar system costs firm dear

CHANDIGARH: The District Consumer Disputes Redressal Forum has directed a firm to pay a compensation of Rs 15,000 to a local resident for causing mental agony and harassment and Rs 10,000 as costs of litigation.

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Tribune News Service
Chandigarh, September 18

The District Consumer Disputes Redressal Forum has directed a firm to pay a compensation of Rs 15,000 to a local resident for causing mental agony and harassment and Rs 10,000 as costs of litigation. The firm was also directed to refund Rs 1,36,500 to the complainant for not installing solar panels at his house.

In a complaint, Ravi Inder Singh, counsel for complainant Col Ajay Kumar Mehndiratta, a resident of Sector 11, Chandigarh, submitted that the complainant had purchased a 3 kW solar power station worth Rs 1,36,500 from LBWS Private Limited, Industrial Area, Phase I, Chandigarh, (opposite party) and made the payment through cheque, which was encashed on July 3, 2018.

The opposite party had received the payment, but it did not bother to install the solar system on the premises of the complainant till date, except installation of inverter.

As per the notification dated May 18, 2016, of the UT Administration, installation of solar system is mandatory for houses of 500 sq yards and above.

Since the solar system has not been installed despite requests, the complainant filed an instant consumer complaint and prayed for the refund of Rs 1,36,500, along with interest, after taking away the material lying on his premises by the OP, Rs 2 lakh as compensation and Rs 80,000 as costs of litigation.

A notice of the complaint was issued to the OP pursuant to which Abhinav S Verma, director of the firm, appeared on January 29, 2019 and sought time to file reply on March 26, 2019. On the adjourned date, time was again prayed for filing reply and evidence on May 14, 2019. On May 14, 2019, Ronit Bhandari, authorised representative of the OP, put in appearance and prayed for time for filing reply and evidence on July 8, 2019. However, on July 8, 2019, none had appeared for the OP despite knowledge.

“The OP, despite availing many opportunities, had not filed reply and evidence and on July 8, 2019, had allowed itself to be proceeded against ex-parte. This means, the OP has nothing to say qua the averments made in the complaint as well as the documents on record,” observed the forum.

In view of the above discussion, the forum directed the firm to refund Rs 1,36,500 to the complainant, along with interest @ 9 per cent per annum with effect from the date of making the payment till realisation. The OP is at liberty to lift and remove the material used by them on the premises of the complainant for the purpose of installation of the solar system.

The forum also ordered the OP to pay Rs 15,000 to the complainant as compensation for causing mental agony and harassment and Rs 10,000 as costs of litigation within 30 days.

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