PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.-67/2022
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member
Mr. Sangram Paricha,
S/O- Mahindra Kumar Parichhha,
R/O- G.M. College Road, C/O-Sangram Hotel,
Ps-Town, Dist-Sambalpur. ...………..Complainant
Versus
- The Contract Control Cell,
M/S Schindler India Pvt. Limited, B/401,
Delphi, Hiranandani Business Park, Powai,
Mumbai-400076.
- The Manager, M/S Varasa Schindler India Pvt. Limited Complex, Plot No.III, Station Square, Unit No.III. 3rd Floor,
Bhubaneswar, Odisha-751001. …………...Opp.Parties
Counsels:-
- For the Complainant :- Sri. P.Panigrahi, Advocate & Associates
- For the O.P. No.1 & 2 :- Ex-parte
Date of Filing:19.09.2022, Date of Hearing :18.07.2023 Date of Judgement : 28.08.2023
Presented by Sri Sadananda Tripathy, Member.
- The Brief fact of the Complainant is that the OPs deals with the business of manufacturing, installing and providing service of Elevator/Escalators. The company carries out his business through different branch in all over India and as such Op No. 2 is a branch in the state of Odisha. The Complainant has constructed a multi storied building in the name of Parichha Home at Sahajog Nagar, Budharaja, Sambalpur for the use of his family members. The Complainant in order to install an Elavator/Escalators in his building explored many companies in the market and being allured by the advertisement of the OP company negotiated for installation of an Elevator/Escalators in his building. After discussion, the Complainant booked for installation of an Elevator/Escalators in his newly constructed house. The OP No. 1 vide letter dtd. 9th December 2019 intimated the Complainant that his order for installation of Schindler elevator/escalator for his project has been registered vide job No. 11310392 and further informed him that order booking is subject to realization of advance payment. But the Complainant had already paid the adventure amount of Rs. 1,06,000/- on dt. 27.11.2019. The technical staff of the company on their first visit instructed the Complainant about the norms for civil work for installation of escalators/evators. During June 2021 they again visited the site of the Complainant with an assurance for installation of the escalators/elevators shortly in the building of the Complainant. But after about one week intimated the Complainant that installation of Elevator/Escalators in the building of the Complainant is technically not feasible. Thus, the Complainant finding no alternative abandoned the idea of installing Elevator/Escalators in his building and asked for refund of advance money of Rs. 1,06,000/-. The OPs failed to refund the advance amount of the Complainant, despite repeated approach over phone, e-mail and also send advocate notice. Not refunding of advance amount to the Complainant in-spite of repeated approach and request is not only deficiency of service but also an act of unfair trade practice.
- The OPs have not appeared and not given any Written Version.
- From the documents, evidences and submission it is found that the OPs have neither installed the Elevator/Escalators in the building of the Complainant nor refunded the advance money of Rs. 1,06,000/-. So, deficiency in service and unfair trade practice found against the OPs. Accordingly it is ordered.
ORDER
The O.P is directed to refund the advance money Rs. 1,06,000/- with 9 % interest from the date of payment by the Complainant to the OPs till realisation, Rs. 2,00,000/- towards harassment, mental agony and deficiency in service to the Complainant as Compensation and Rs. 10,000/- towards litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 12% interest per annum till realization to the complainant.
Order pronounced in the open Court today on 28th day of August, 2023.
Supply free copies to the parties.
