Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Anil Kumar Singh
Member
Date of Order : 24.10.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund the amount of Rs. 4,40,000/- along with 19% interest.
- To direct the opposite party to pay Rs. 4,56,400/- compensation for Physical, Mental and Economical Harassment.
- To direct the opposite parties to pay Rs. 20,000/- as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that vide annexure – 2, the opposite party had given a quotation to the complainant in which it is stated that lift will be installed after paying Rs. 4,50,000/-. Thereafter vide annexure – 4 it was agreed that Rs. 5,00,000/- will be paid towards installation of D.L.E. make Passenger Elevator at the premises of the complainant. The aforesaid quotation was accepted and the complainant had paid total amount of Rs. 4,40,000/- vide annexure – 4 and 5.
In Para – 6 and 7 of complaint petition it has been asserted that till 17.07.2016 altogether Rs. 4,40,000/- has been paid to opposite party for installation of lift and only due amount is Rs. 60,000/-. Thereafter opposite party installed the lift in the premises of the complainant on 17.07.2016 but the same is not working properly which has caused harassment to the complainant and other person.
From the record it transpires that when the registered notice dated 24.03.2017 did not return unserved then valid Tamila was declared on the opposite party. Thereafter sufficient opportunities were allowed to opposite party for filing written statement. When the opposite party did not filed written statement after sufficient opportunity then opposite party has been debarred from filing written statement and this case was heard ex – parte.
It goes without saying that as the complainant has stated the allegation against opposite party on solemn affirmation and there is no counter version of the opposite party hence we are bound to accept the facts of the complainant which clearly disclose deficiency on the part of opposite party.
For the reason stated above we direct the opposite party to refund Rs. 4,40,000/- ( Rs. Four Lac Forty Thousand only) to the complainant within the period of two month from the date of receipt of this order or certified copy of this order failing which opposite party will pay 10% interest on the above said amount of Rs. 4,40,000/- ( Rs. Four Lac Forty Thousand only) till its final payment.
Opposite party is further directed to pay Rs. 20,000/- ( Rs. Twenty Thousand only) to the complainant by way of compensation and litigation costs within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
