West Bengal

South 24 Parganas

CC/463/2014

Smt. Mousumi Roy , wife of Goutam Roy. - Complainant(s)

Versus

1. M/S. Adams Lift & Escalator Pvt. Ltd. - Opp.Party(s)

14 Feb 2017

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _463   OF ___2014____

 

DATE OF FILING : 17.9.2014     DATE OF PASSING JUDGEMENT:   14/02/2017

 

Present                        :   President       :   Udayan Mukhopadhyay                           

 

                                        Member(s)    :  Smt.  Sharmi Basu & Subrata Sarker              

 

COMPLAINANT                  :  Smt. Mousumi Roy,w/o Goutam Roy of P-64A, CIT Road,               Scheme IV M , P.S Beliaghata, Kolkata – 700 010.

 

-VERSUS  -

 

O.P/O.Ps                                :     1. M/s Adams Lift & Escalator Pvt. Ltd. 34, Ahiripukur Road, Falt no.4A/B, Front Block, P.S. Karaya, Kolkata – 19.

                                                    2.     M/s Adams Elevator Company Private Ltd. P-35, Kasba Industrial Estate, Phase-II, P.S. Anandapur, Kolkata – 107.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Shri Subrata Sarker, Member

             In a nutshell the case of the complainant is that she owns a G+III residential building at 1106, Kaloikapur, Purbalok, P.S. Purba Jadavpur, Kolkata – 700 099 and decided to install a lift in the said building of capacity four persons for her personal use, for which she entered into a contract on 27.08.2013 with the O.P-1 vide Contract no.ALE/13-14/K0117 at a cost of Rs.7,50,000/- . As per the said contract the O.P-1 undertook to complete the installation work within 26 weeks from the date of receipt of the order and complainant paid Rs.4,50,000/- out of Rs.7,50,000/- being the agreed price of the elevator/lift. The case of the complainant is that after making payment of 60% of the agreed amount, the O.Ps did not keep their commitments regarding installation of lift till today, for which the complainant and her family members are suffering tremendously. Several requests followed by legal notice dated 27.8.2014 to the O.Ps did not yield any fruitful result. Hence, this case praying for installation of the lift at her building at the earliest, to provide lift license from the appropriate authority, compensation of Rs.1 lac, cost Rs.50,000/- etc.

            The O.P-1 contested the case by filing written version denying all the material allegations contending inter alia that complainant is not a consumer since the building is not used solely for her residential purpose. The case of the O.P-1 is that as per contract O.P-1 sent their men and materials to the site for installation of the lift, but while they started installation of those materials ,it was found that some materials are missing at the construction site ,which was informed to the complainant who assured to make payment of the missing items from her custody but she failed to keep her commitments ,for which O.P cannot be able to complete the job. O.P is always ready and willing to complete the job on receipt of the balance amount. The O.P submitted that they were in no way negligent and is always ready and willing to complete the same on receipt of the balance amount and prays for dismissal of the case with cost.

            The O.P-2 though appeared and filed a petition for expunging it from this case but the same is rejected. Ultimately the O.P-2 did not take step at all, for which case is running in exparte against O.P-2.

Points for Decision

1. Whether there is any deficiency in service on the part of the O.Ps or not.
2. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            In response to the queries the O.P-1 sent their representatives to get the details of installation of the elevator at the complainant’s residence. After a detailed discussion and physical verification of the building, the O.P-1 submitted a proposal no.ALE 0326/13-14 dt.21.8.2013 with detailed specifications, civil and other masonry works to be done by the complainant along with the terms of payment.

            The complainant being satisfied placed an order for such proposed installation of elevator/lift at her residence and entered into a contact no.ALE/13-14/K 0117 dt.27.8.2013 . As per said contract the O.P-1 undertook to complete the installation work within 26 weeks from the date of receipt of the order. The complainant paid Rs.4,50,000/- being 60% of the amount. But the O.P failed and neglected to keep their commitments regarding installation of lift till date. The complainant states that due to delay of installation of lift by the O.P, the complainant and her family members are suffering untold hardship and inconvenience in peaceful use of the said building and also are not in a position to apply before the KMC for requisite completion certificate of the said building. The complainant made several correspondences besides the personal persuasions with the O.P to get the elevator/lift installation work completed but the O.Ps deliberately turned a deaf ear to such verbal and written requests of the complainant.

            The O.P stated in his written version that on receipt of the payment they made necessary preliminary job for layout etc. and send materials in terms of the agreement upto the payment they have received from the complainant. The O.P while starting installations of those materials it is found that some of the materials is missing at the construction site of the complainant. They also stated that the complainant assured to make payment of the missing items from the custody but as she failed to keep her commitments the installation job was stopped, and also for some labour problem.

            But the O.P could not produce any cogent evidence of document to substantiate their allegations. The O.P did not lodge any FIR for the missing items.

            The O.P-1 also filed a non-maintainability petition which was rejected by this Forum. Thereafter the O.P appeared before the Hon’ble State Commission in R.P/2/2015 wherein Hon’ble State Commission vide order dated 13.8.2015 affirmed the order passed by this Forum.

            With the observation it is ,

                                                                                    Ordered

That the complaint case is allowed against O.P-1on contest  & in exparte against O.P-2.

The O.Ps are directed to complete the installation of the elevator/lift at the premises of the complainant and hand over the elevator/lift in working condition and to provide the lift license from the appropriate authority for proper use of the same within 60 days from this date.

The complainant shall pay the balance amount of the lift/elevator i.e. Rs.3.00 lakh within this period.

O.Ps shall have to pay compensation to the tune of Rs.50,000/- for harassment and mental agony of the complainant and litigation cost of Rs.20,000/- within 60 days from this date either jointly or severally.

Be it mentioned here that after the stipulated period  if the lift/elevator is not installed ,then the complainant is at liberty to execute the order through this Forum and in that event O.Ps have to bear further cost of Rs.20,000/- jointly & severally towards the punitive damages and that amount will be deposited in the Consumer Legal Aid Fund.

             Let a plain copy of the order be sent to the O.Ps through this Forum for strict compliance immediately and a copy be handed over to the complainant free of cost for information.

 

Member                                   Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the complaint case is allowed against O.P-1on contest  & in exparte against O.P-2.

The O.Ps are directed to complete the installation of the elevator/lift at the premises of the complainant and hand over the elevator/lift in working condition and to provide the lift license from the appropriate authority for proper use of the same within 60 days from this date.

The complainant shall pay the balance amount of the lift/elevator i.e. Rs.3.00 lakh within this period.

O.Ps shall have to pay compensation to the tune of Rs.50,000/- for harassment and mental agony of the complainant and litigation cost of Rs.20,000/- within 60 days from this date either jointly or severally.

Be it mentioned here that after the stipulated period  if the lift/elevator is not installed ,then the complainant is at liberty to execute the order through this Forum and in that event O.Ps have to bear further cost of Rs.20,000/- jointly & severely towards the punitive damages and that amount will be deposited in the Consumer Legal Aid Fund.

             Let a plain copy of the order be sent to the O.Ps through this Forum for strict compliance immediately and a copy be handed over to the complainant free of cost for information.

 

Member                                   Member                                                                                   President