Date of filing:-29/07/2021.                                                                                 Date of Order:-22/05/2023.                                         

                     DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 43 OF  2021

M/s. Arjun Realtors Bargarh, represented by CH. MALL KARJUN RAO being the Executive Partner thereof, At/Po. Bargarh, Po/Ps/Tahasil/Dist. Bargarh.

                                                                                                                        Complainant.

-: V e r s u s :-

(1) The Managing Director, Corporate Office, L.T. Elevator Pvt. Ltd, 3, Govinda Auddy Road. Po. Alipore, Kolkata 700027.

(2) The Branch Head, L.T. Elevator Pvt Ltd, Plot No.N6/456 IRC village, Near Hotel, Crown, Bhubaneswar (Odisha).

                                                                                                                        Opposite Parties.

Counsel for the Parties:-

For the Complainant :-        :- Sri M. K. Satpathy and  Associate.

For the Opposite Party:-     :-  Exparte.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.22/05/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The Case of the Complainant is that the Complainant need to install elevator system in this apartment namely hari Om Heights, Block B at. Bargarh. The Opposite Parties used to provide elevator system in the name of L.T. elevator system to be installed in apartments and buildings. One of the representative of the Opposite Parties namely Bijaya Sahu approached the Complainant and persuaded the Complainant to install L.T. Elevator system in their apartment giving impression that the same is genuine with good quality. The Complainant became interested for installation of L.T.  Elevator system in his Hariom Heights B Block apartment building. The Opposite parties have furnished the quotation to the Complainant an Dt. 30/09/2019.Accordingly the Complainant had paid a Sum of Rs. 4,75,000/-(Rupees four lakh seventy five thousand)only to the Opposite Parties i.e. Rs.95,000/-(Rupees ninety five thousand)only vide cheque No. 014309 Dt. 02/10/2019 and Rs. 3,80,000/-(Rupees three lakh eighty thousand)only RTGS in term of money transfer on Dt. 21/01/2020. That, even after the due payment the Opposite Parties have deffered to supply the relevant materials to install the elevator system and due to this the construction of the apartment building were delayed. The Complainant put his grievance before the Opposite parties several times but the Opposite Parties remained silent amounting to unfair trade practice and deficiency in service towards a Consumer. Being aggrieved, the Complainant sought redressal before this Commission.
2. The Case of the Opposite Parties is that the Opposite Parties after due receipt of notice did not appear before this Commission, Hence the Opposite Parties are set exparte.
3. The Complainant filed documents.

1. Quotation of L.T. Elevators.
2. Email conversation between the parties.
3. Proposal of L.T. Elevators.

4. Basing on the Complaint and documents filed the following issues are framed:-

ISSUES:-

1. Are the Opposite Parties deficient in their service?
2. To what relief the Complainant is entitled ?

Issue No.1:-

The Complainant has booked one  L.T. elevator vide proposal No. CTNP 14419/10073/19-20 Dt. 30/06/2019 with the following term and conditions:-

Terms of payment:-

1. 10% of contract price to be paid as intrest free advance along with the Order.
2. 40% of the contract price to be paid against P.I. and on intimation of life kit material ready for dispatch at our works.
3. Final 20% of contract price to be paid upon intimation that the installation is ready for hand over.

Basing upon the above said term, accordingly the Complainant paid a sum of  Rs. 4,75,000/-(Rupees four lakh seventy five thousand)only to the Opposite Parties i.e. Rs. 95,000/-(Rupees ninety five thousand)only vide cheque No. 014309 Dt. 02/10/2019 and Rs. 3,80,000/-(Rupees three lakh eighty thousand)only RTGS in term of money transfer on Dt. 24/01/2020. After5 receiving the above said amount the Opposite Parties did not bother to install the elevator. Another  condition regarding delivery is that the Opposite Parties will complete the installation within 12 weeks of delivery of lift kits but neither the lift kits were delivered nor the Opposite Parties tried to install the lift within the period. The Complainant had communicated to the Opposite Parties but the Opposite Parties tried to defer it by taking  the plea of the lockdown. Ultimately on Dt. July 29. 2020 the Complainant gave a mail regarding the cancellation and refund the amount i.e. Rs. 4,75,000/-(Rupees four lakh seventy five thousand)only but the Opposite Parties remained silent. Holding the amount of the Complainant and not delivering the items for installation of the lift amount to deficiency in service on the part of the Opposite Parties.

Issue No.2:-

            As discussed supra the Complainant is entitled for the relief claimed.

                        Accordingly it is Ordered.

O R D E R

The Complaint is allowed exparte against the Opposite Parties. The Opposite Parties are directed  the refund the amount of Rs. 4,75,000/-(Rupees four lakh seventy five thousand)only at the rate of 9%. Interest P.A. w.e.f. 02/10/2019 to the Complainant within one month of this Order. Further the Opposite Parties are directed to pay Rs. 50,000/-(Rupees fifty thousand)only compensation for mental agony and Rs. 10,000/-(Rupees ten thousand)only towards litigation expences. Failing which the entire Order will carry 12% P.A. till realization.

Order pronounced in open court on this 22^th day of  May 2023.

            Supply free copies to the parties.  

       Typed to my dictation

                                                                                            and corrected by me.                                                                                            

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.22/05/2023                                                                                  Dt.22/05/2023

              P r e s i d e n t                                                                                 M e m b e r (w)