2024 Supreme(Online)(DEL) 388
HIGH COURT OF DELHI
Sanjeev Narula, J
K. L. MANHAS – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
W.P.(C) 9055/2024
KISHAN LAL MANHAS
The court emphasizes the necessity of a verification process for vendor empanelment under the Pradhan Mantri Solar Scheme to protect beneficiaries' interests.
Headnote:(A) Pradhan Mantri Solar Scheme - Office Memorandum dated 10th June, 2022 - Engagement of vendor for solar panel installation - Petitioner engaged Respondent No. 4 for a solar panel system but installation was not completed despite payment of INR 4,12,576/- - The Office Memorandum outlines the empanelment process and safeguards for beneficiaries. (Paras 4-6)
(B) Vendor Empanelment - The Ministry has established a mechanism to protect beneficiaries by requiring vendors to register with the Distribution Utility (DISCOM) and adhere to specified standards. (Paras 6-7)
(C) Verification Process - The court seeks clarification on the verification process for vendor empanelment to ensure compliance with the safeguards outlined in the Office Memorandum. (Paras 7)
(D) Notice Issued - The court has issued notice to the respondents for further proceedings. (Paras 8-10)
Facts of the case:
The petitioner claims that despite engaging a vendor under the Pradhan Mantri Solar Scheme and paying an advance, the installation of the solar panel system has not occurred.
Findings of Court:
The court finds that the matter requires further consideration regarding the vendor's compliance with the empanelment process.
Issues: The main issue is whether the verification process for vendor empanelment was properly conducted by the Distribution Utilities.
Ratio Decidendi: The court emphasizes the importance of the verification process for vendor empanelment to protect beneficiaries' interests as outlined in the Office Memorandum.
Result: Notice issued for further proceedings.
CM APPL. 37021/2024 (seeking exemption) 1. Exemption is granted, subject to all just exceptions.
2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. W.P.(C) 9055/2024 4. Petitioner asserts that he engaged Respondent No. 4, one of the vendors empanelled by Respondent No. 2 under the Pradhan Mantri Solar Scheme, for supply and installation of a 10-kW solar panel system on the rooftop of his residence. He submits that this engagement was done on the understanding that Respondent No. 4 was a credible vendor given the system of empanelment of vendors in terms of Office Memorandum dated 10th June, 20221. However, despite having paid an advance amount of INR 4,12,576/- to such a vendor, the installation of solar panel system has not been done.
5. On the first instance, the Court had gathered that the present petition embodies is a private dispute between the Petitioner and the Respondent No.4. However, Mr. K. L. Manhas, Petitioner in person, has drawn the Court’s attention to the said O.M., which specifies as follows: “Office Memorandum Subject: Simplification of Procedure- Rooftop Solar Programme Ph-ll.
This is in continuation of this Ministry’s OM of even no. dated 02.02.2022. vide which simplification of procedure for installation of residential grid connected rooftop solar plants was conveyed.
2. In this regard, a National Portal, www.solarrooftop.gov.in, is being designed and will be launched soon. The process for installation of rooftop solar plants, starting from registering the applications to release of subsidy in residential consumers’ (beneficiaries’) bank account after installation and inspection of plaint, can be tracked online at the national portal.
3. In order to protect the interests of beneficiaries and ensure that the vendors installing the rooftop solar plants have the requisite expertise, follow minimum specifications and standards specified by the Ministry and maintain the plant for at least five years from the date of installation, it has been decided that such vendors have to register/empanel themselves with the beneficiaries’ Distribution Utility (DISCOM).
4. The vendors currently empanelled with the beneficiaries’ DISCOM through tendering process under RTS Programme Ph-II will be considered as empanelled vendors for this purpose. Other vendors willing to register/empanel themselves ln the Programme under simplified procedure may get themselves registered with the consumers’ DISCOM by 1 “O.M.” submitting application along with declaration (as per Annexure) and depositing a PBG of Rs. 2,50,000/- (Rupee Two Lakh Fifty Thousand only) valid for at least five years. The vendors can submit the application at the Division/Circle level and the name of the vendor will be included in the list of registered/empanelled vendors within a period of one month from the date of submission of the application. Registration/empanelment of vendors will be valid initially for one year from the date of empanelment and can be renewed thereafter on yearly basis. The DISCOM will notify the registered/empanelled vendors on its website for information of residential consumers and update the same every month.
5. The registered/empanelled vendor selected by the beneficiaries will conduct the physical survey to assess the RTS capacity and guide the beneficiary on the RTS capacity that can be installed in the beneficiary’s premises considering technical and financial parameters. The vendor shall also provide assistance to the beneficiary in getting necessary approvals, installing the net-meter and facilitating inspection by the DISCOM.
6. In case of any misleading information is provided by any vendor or conditions mentioned in the declaration are not met, the DISCOM will take action against the registered/empanelled vendor including blacklisting and forfeiture of PBG.
7. The subsidy available under the s