Judgment : 2.3.2017

            This is a complaint made by Mr.Kamal Kr. Ghose, son of Late Dhirendra Kumar Ghose, residing at 10, Anandashree (Atabagan), Garia, P.S.- Regent Park, Kolkata-700 084 against Adams Lift & Escalator Private Ltd., having its registered office at P-35, Kasba Industrial Estates, Phase-II, Kolkata-700 107, praying for a direction on the OP to install the elevator and put the same in working condition and also a direction upon OP to pay Rs.3,00,000/- as special charges and a direction to pay Rs.8,00,000/- as compensation and Rs.50,000/- as litigation cost.

      Facts in brief

            OP by proposal dt.24.12.2013 approached the Complainant to purchase an elevator from the OP as OP has assured best service. Complainant agreed to the proposal and the price was fixed as Rs.4,70,000/- and this amount was to be paid as follows:

1. 20% at the time of signing of the contract.

2. 40% was to be paid on Invoice of Intimation of delivery of 1^st phase materials being ready for dispatch.

3. 30% was to be paid against proforma invoice on intimation of delivery of second and final phase of delivery of materials.

4. Rest 10% upon intimation of the installation.

             In terms of the contract, Complainant paid 90% of the total contract price on 29^th December, 2014. But, the elevator was not installed. Complainant on several occasions approached OP but of no use. So, Complainant files this complaint.

             OP files written version and denied all the allegations of the  written complaint.

             OP also alleged that Complainant violated the terms of contract and delayed the payment. So, OP prayed for dismissal of the complaint.

Decision with reasons:

              Complainant filed affidavit-in-chief wherein he reiterated the facts mentioned in the complaint. Against this, OP filed questionnaire to which Complainant files affidavit-in-reply. Similarly, OP files affidavit-in-chief against which Complainant filed questionnaire and OP filed affidavit-in-reply.

               Main point for determination is whether Complainant is entitled to the relief as prayed for.

               On perusal of the prayer portion, it appears that first prayer of Complainant is that OP be directed for installing the elevator and put that in working condition.

               On perusal of the copy of the documents, it appears that there are latches on both the sides. However, it appears that there was a contract between the parties. Complainant has also made latches.

               Further, it appears that there took place correspondences between the parties. Complainant has not filed original documents which would have made clear, whether he made payment as stated in the complaint petition.

                There is allegation and counter allegations against each other. Since, no document is forthcoming establishing the payment by the Complainant, at this stage, this Forum is not in a position to make any order as prayed for installation and bringing the elevator if installed in running condition. It cannot be gainsaid that no payment was made. But, since no prayer has been made for refund of the money paid, we are of the view that it is surrounded by allegation and counter allegations and hence Complainant is not entitled to any relief.

Hence,

ordered

                 CC/223/2016 is dismissed on contest.