hi all,
BACK GROUND OF THE ISSUE
1. i am a consumer (normal govt employee) i saw an advertisement in news paper for installation of solar panel inverter through the company ndepl in the month of March, 2013.
2. i called the company on dated 27/03/2013 for detail information about this product and expenses for installation.
3. on 31/03/2013 Mr. Anil Bhatia as a Director Marketing came to my home and gave me a quotation of Rs. 94,500/- after discount of Rs. 40,500/- as subsidy for complete installation on simple paper with all detail and his visiting card. Mr. Anil Bhatia, as a Director Marketing explained that in order to have Subsidy provided by the Government you should install minimum 1 Kilowatt, accordingly the above was agreed by the complainant.
4. i gave him a cheque of Rs. 5000/- with cheque no. 618344 dated 31/03/2013 as booking amount to start installation work.
5. That the company send a receipt of Rs. 5000/- to the complainant on 02/04/2013 against booking amount payment and assured me that the installation work will start within a week and completed in 2 weeks time but nothing happened.
6. on 12/04/2013 the company send an invoice by email for Rs. 94,500/- and insisted on full payment before installation in the form of post dated cheque. Few technicians were sent home of the compliant for the same. Since there materials for solar harvesting were not fully sent (only 600V panel was sent)on good faith i over phone agreed to pay 50% in cheque on 13/04/2013 and took a cheque of Rs. 38,100/- with cheque no. 618346 and the remaining in terms of progress related payment.
7. After taking cheque the company person mr.anil bhatiya who earlier gave a written undertaking of not enchasing the cheques till the time installation and testing were completed to the complainant’s satisfaction. enchased it immediately and stopped responding to phone calls (over 200 phone calls were made along with mails and sms) on repeated follow up over telephone started giving false commitments on installation dates and remaining material delivery due to which i had to take many leaves of the loss of pay nature and wait for the opposite party which never showed up
8. Tired of all follows ups i registered their complaint through consumer forum ( jagao grahak ghako ) and as advised complainant sent two notices to opposite party after a gap of 15 days for which no responses were received.
9. That after more than one month on dated 21/05/2013 the company director came to home without prior information to me and asked my son for remaining amount in advance in the form of PDC . Since the day 21-05-2013 being working day and all have to reach the home since he came at around 06-30 PM only. He started telling my family that unless we pay the balance money he will not even show the remaining materials and will not go for installation and since the he has already taken more than encashed 60 % payment and not delievered material worth even 10 % it would be very stupid of the family not to listen to his demands since it will lead them to losses . Under the circumstance i gave him 2 post dated cheques as full and final amount Rs. 36,100/- cheque no. 618348 dated 25/05/2013 and Rs.2,000/- cheque no.618350 dated 25/05/2013 on receiving a written undertaking from the him saying if the system doesn’t work properly the checks can be cancelled and no objection would be raised for the same. However, at 10-30 PM he told that the system requires 24 hours for charging and few material needed was not available with him at that time hence he will come back on 22-05-2013 evening to complete the installation. In this process he took our existing under waranty Inverter under buy back arrangement though they have told that kids is preparing for their exams and under this power cuts it may be difficult, but he was not listening and took the inverter but as promised he never responded after that.
11. i again followed up with the company for installation till 24/05/2013 and after being fed up with the bad service and response the complainant stopped payment of both cheques and also informed to the opposite party about the stop payment by phone text message and email .
12. i sent 3rd notice to the opposite party for complete material delivery and installation on dated 29/04/2013 dated 14/05/2013 and dated 24/05/2013 but no reply was recieved
13. i received a call from the mr.anil bhatia on 28/5/2103 saying he was in Faridabad and would want to install hardware. i asked him to either install on weekends or on a week day giving a few hours prior notice. Sincei was in office and did not trust the opposite party with proper installation. The company person (anil bhatiya ) immediately sent a false SMS stating that the installation and testing is complete and he would proceed towards check encashment.
14. i received a call from the mr. anil bhatiya a couple of days later stating that he would complete installation if the complainant is willing to pay 3500 rupees extra in cash and giving a Demand draft of the remaining(cancelled cheque amount) account failing which he threatened to drag the entire family to court OTICE U/S 138 OF NI ACT READ WITH 406, 420 IPC and keep them in a legal loop for years since he himself has did some law courses and he took payment in form of cheques just so he can take ample legal actions even under improper service. he also had his assistants call me frequently saying that mr.anil bhaitya was a big shot person and has taken double the amount in many such cases exploting IPC 138 NI act without providing service and that i should pay him something extra in cash and remaining in DD and get installations done from some local electrician ( i have phone recordings of the same as well)
15. yestarday mr. bhatiya ndepl had sent a mail with an attachment of
a NOTICE U/S 138 OF NI ACT READ WITH 406, 420 IPC and mentioned to pay a sum of 5000 rs extra as notice charges and pay the remaining amount falsely stating that the installation etc has been completed
QUESTION
1. what should i do now ?
2. does the court of law favour only the vendor under NI act ? and as the vendor threatens is the court of law biased to ppl with a law background and will not consider my side of the story ?
3.should i fight for my right in consumer fourm / file for mediation / or pay him and accept the fact that i have been cheated and stay cautious in future (what would be best approach - genuine advice on this one please ) ?
4. what are the options available if i cannot afford a legal lawyer since i have already spent loads of my hard earned money without any tangible out come ?
note :
i have proof for all the above said background in terms of emails phone calls sms and notice receipt acknoledgements
thanks in advance for the replies
