Agartala, Apr 20, 2023, TRIPURA TIMES Desk

Agartala, Apr 20: In a historic judgement, the Tripura State Consumer Disputes Redressal Commission comprising Justice Arindam Lodh, Dr Chhanda Bhattacharyya and Kamalendu Bikash Das set aside the judgement of the District Commission dated January 13, 2023 whereby the District Commission stated the complaint BK Petroleum of Briddhinagar, Ranirbazar is not a ‘consumer’.  

Notably, BK Petroleum – a business organization involved in selling petroleum products purchased solar system panel from Mumbai and Guwahati-based Gilbarco Veeder Root India Pvt Ltd aiming to reduce its electricity bill. However, after installation and during the warranty period, the system became non-operational owing to some defects. The buyer, BK Petroleum sent notice to the seller, but the latter neither removed the defects nor made any attempt to make it operational.

Aggrieved at this, BK Petroleum appealed to the District Commission demanding compensation from the seller. Later after being dissatisfied with the findings of the District Commission, the organization appealed to the State Commission.    

The State Commission termed the findings of the district Commission “erroneous and is liable to be quashed”.

Stating that BK Petroleum is a consumer the solar panel installed was not for any commercial purpose but it was for lowering the electric cost.

The State Commission observed, “On perusal of the evidence on the record as well as the submission of the learned counsel appearing for the appellant, we are of the opinion that the appellant-complaint had suffered the substantial loss for not removing/curing the defects in the solar panel supplied by the respondent-Opposite parties”.

The State Commission also mentioned that despite repeated requests the respondent/supplier of the solar panel failed to respond. “This amounts to clear deficiency of service”, the State Commission observed.

The State Commission directed the supplier to pay Rs 8,00,000 which is the selling price of the solar panel and another Rs 1,50,000 against the installation charge of the panel. The Commission further directed the supplier to pay compensation of Rs 2,00,000 along with 6% interest to be paid to the Buyer/Complaint within a period of three months from April 3 last. Moreover, a cost of Rs 25,000 will have to be paid to the complaint for dragging it into litigation.

Advocate Koushik Roy was the lawyer for BK Petroleum.