Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 277
Instituted on : 15.06.2018
Decided on : 18.03.2024
M/s SanyaFootwears, Shop no.14, Model Town, Rohtak through its Proprietor Ms. SarojBala.
……….………….Complainant.
Vs.
- Beacon Elevator Co. P. Ltd., C-189, Hosiery Complex, Phase-II, Noida through its Proprietor.
- Beacon Elevator Co. P. Ltd. Regd. Office B-38D, Siddhartha Extension, New Delhi-110014 through its Director.
...........……Respondents/opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Ajay Gandhi, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are thatshe is running a shoes showroom and for the installation of lift in her showroom, she contacted the respondents and got installed a lift from the respondents in her showroom vide invoice no.BEC063 dated 08.09.2017. The respondents provided costly lift to the complainant in comparison of other companies. But just after few days of installation of the above said lift, the same stopped working properly. The alleged elevator which was taken for the purpose of carrying goods, was defective and in addition to it, the respondents has installed an old panel of the lift instead of installing new panel. Due to which the complainant could not properly enjoyed the facility of lift. The complainant reported the matter to the respondents’ officials various times, but the defect could not be removed by the opposite parties. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the entire paid amount of elevator and Rs.400000/- as compensation on account of causing mental tension & harassment and to pay Rs.22000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared and filed their written reply submitting therein that the complainant had placed an order for the “Dumb Waiter’ lift to the opposite party vide job no.BEC/017/108 dated 08.09.2017 for the amount of Rs.531000/-. Thereafter the opposite party has duly supplied the said ‘Dumb Waiter lift/elevator’ to the complainant and got the same installed, tested and commissioned at the site of the complainant to his utmost satisfaction and raised the bill vide Tax Invoice no.BEC063 dated 27.09.2017 for Rs.531000/-. But the complainant had made only part payment of Rs.400000/- and the balance of Rs.131000/- was due and outstanding and payable by the complainant to the opposite parties. The opposite parties sent many reminders through emails, messages, telephone calls and personal requests through its representative but of no use. Finally, with no other alternative left with the opposite parties, the opposite parties has got issued a legal demand notice dated 17.05.2018 to the complainant. But the complainant after receiving the alleged legal notice dated 17.05.2018, had issued a false legal notice dated 19.05.2018. The alleged legal notice was duly replied by the opposite party and has called upon the complainant for making the payment of said outstanding amount with interest. But the balance amount has not been paid by the complainant till date. There is no deficiency in service on the part of opposite parties. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs. However opposite parties did not appear on 23.02.2021 and were proceeded against exparte vide order dated 23.02.2021 of this Commission.
3. Ld. counsel for complainant availed sufficient opportunities to file the evidence of complainant but failed to file any evidence and the evidence of complainant was closed by the order dated 03.12.2019 of this Commission.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. The complainant has filed the present complaint alongwith one document attached with the complaint i.e. tax invoice dated 08.09.2017. No evidence is placed on record by the complainant despite availing ample opportunitiesand the evidence of complainant was closed by the order dated 03.12.2019 of this Commission. On the other hand opposite parties after filing the written statement were proceeded against exparte. However, they filed the written statement alongwith the other documents and has pleaded that an amount of Rs.131000/- is outstanding towards the complainant. As per tax invoice dated 08.09.2017 a lift was purchased for an amount of Rs.531000/-. As per respondents the complainant had paid only an amount of Rs.4 lac and balance amount of Rs.131000/- was still outstanding against the complainant. A legal notice was also issued by the respondent on dated 17.05.2018 for making the payment of outstanding payment of Rs.131000/-. We have also perused the copy of regular service note dated 13.03.2018, as per which the Status of alleged lift is ‘OK’ and the same is duly signed by the customer. Some other documents i.e. copies of emails dated 19.01.2018, 02.04.2018 & 05.05.2018 are attached with the written statement, as per which opposite parties have demanded the balance amount of Rs.131000/- from the complainant. But the complainant failed to deposit the alleged amount and thereafter they sent a legal notice dated 17.05.2018 to the complainant. On the other hand it has been pleaded by the complainant that he also sent a legal notice and reply was given by the opposite party on 06.06.2018. But neither any complaint nor any technical report is placed on record by the complainant to prove the fact that lift was not properly working. Hence there is no deficiency in service on the part of opposite parties and the present complaint stands dismissed with no order as to costs.
6. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
18.03.2024.
........................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
……………………………….
Vijender Singh, Member
