Order by:
Smt.Priti Malhotra, President
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that on the allurement of Opposite Parties, the complainant got installed CCTV Cameras alongwith other equipment on 09.01.2023 and they also issued bill no.615 dated 09.01.2023 for a sum of Rs.44,050/- in the name of the complainant. At the time of installation of CCTV Cameras, the Opposite Parties gave assurance that these cameras are good in quality and will not create any problem and also given warranty of one year on the cameras. Alleged that in the month of 2nd April, 2023, the said CCTV Cameras started giving problem and some time the same were not working properly and there is no clarity of the cameras. Thereafter, the complainant raised complaint with Opposite Parties through telephone and Opposite Parties said that they will check Cameras on next day, but on next day i.e. 3rd April, 2023 no person came for checking the cameras. Then on 4th April, 2023, the complainant again raised the complaint with Opposite Parties, but again nobody came to check the cameras. Alleged further that when no person came, the complainant called a local person, who after checking the cameras disclosed that installed CCTV cameras are with NVR instead of DVR and value of the cameras are Rs.1400/- only, but the bills shows Rs.2500/- and in the equipment Opposite Parties installed two switches costs Rs.1200 and Rs.2000/-, but there is no requirement of installation of that switches. Thereafter, the complainant again made request to the Opposite Parties to resolve the problem, but they did not response. On 21.10.2023, the complainant has called local mechanic for checking and repair, who also disclosed that there is problem in the CCTV Cameras as well equipment and he changed some parts and installed the new parts and charged Rs.1650/-, vide bill no.479 dated 21.10.2023, but after repair there was no clarity in the cameras, then he again called mechanic from Bhullar CCTV Carmeras on 21.11.2023 and he said that there is no NVR so that cameras are not giving the clarity and he installed NVR and other equipment of Rs.7450/- in the Cameras and issued bill no.592 dated 21.11.2023. When the complaint brought this fact to the knowledge of the Opposite Parties, they did not give any satisfactory answer. Then, the complainant sent a legal notice to the Opposite Parties, but to no effect. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite Parties may be directed to pay cost of CCTV Cameras Rs.44,050/-, cost of Repair Rs.1650/-, cost of repair Rs.7450/-
b) To pay cost of legal notice Rs.5500/-, cost of complaint Rs.22,000/-
c) To pay an amount of Rs.1 lakh as compensation.
d) And any other relief which this Commission may deem fit and proper be granted to the complainant.
2. Despite due service of notice, none appeared on behalf of Opposite Party, as such, Opposite Party was proceeded against exparte vide order dated 09.01.2024.
3. In order to prove his case, the complainant has placed on record his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C8.
4. We have heard the ld. counsel for the complainant and also gone through the record.
5. Ld. counsel for the complainant contended that the complainant got installed CCTV Cameras alongwith other equipment for an amount of Rs.44,050/- on 09.01.2023, vide bill no.615 dated 09.01.2023 (Ex.C3). Further contended that within warranty period, the said CCTV Cameras started giving problems and there is no clarity of the cameras. The complainant made several requests to the Opposite Parties to check and repair the Cameras, but nobody came to check the cameras. On 21.10.2023, the complainant called local mechanic of Bhullar CCTV, who changed some parts and installed the new parts and charged Rs.1650/-, vide bill no.479 dated 21.10.2023 (Ex.C4). Contended further that there was also a issue of clarity in the said cameras, then he again called mechanic from Bhullar CCTV Cameras on 21.11.2023, who installed NVR and other equipment of Rs.7450/- in the Cameras and issued bill no.592 dated 21.11.2023 (Ex.C5). Contended further that complainant also sent a legal notice to the Opposite Parties, but to no effect (Ex.C6). It has been further contended that the said Cameras are still not functioning properly.
6. To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C8. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint.
7. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Party by not removing the defects in the Cameras in dispute and also by not giving any ear to the grievances raised by the complainant even by issuing legal notice (Ex.C6) and thus forced the complainant to indulge in this avoidable litigation.
8. Vide instant complaint, the complainant has sought refund of the amount of CCTV Cameras in question as well as refund of the amount spent by him for getting repaired the Cameras from another mechanic, which is well proved on record, vide Ex.C4 and Ex.C5. As the Opposite Parties failed to remove the defects in the Cameras in dispute within warranty period due to which, the complainant has to approach this Commission for the redressal of his grievance by spending huge amount, so in these circumstances, the Opposite Parties are liable to make refund of cost of the Cameras in dispute as well as for refund of the amount spent by complainant for the repair of the same.
The complainant also claimed the amount of Rs.5500/- for legal notice, Rs.22,000/- as cost of complaint alongwith compensation of Rs.One Lakh. We are of the view that the claimed amount appears to be very exorbitant and excessive. The rationale behind grant of compensation is to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant.
9. Sequel to the above discussion, the instant complaint is partly allowed and Opposite Parties are directed to make refund of price of the CCTV Cameras in question i.e. Rs.44,050/- (Rupees Forty Four Thousand Fifty only) to the complainant, subject to return of the CCTV Cameras in question alongwith all the equipments, which were installed by the Opposite Parties at the time of installing the Cameras as well as got installed by the complainant while repairing the Cameras. The Opposite Parties are also directed to refund the amount Rs.9100/-(Rupees Nine Thousand One Hundred only) incurred by complainant for the repair of Cameras (vide Ex.C4 & Ex.C5). Further Opposite Parties are directed to pay compository cost of Rs.5,000/- (Rupees Five Thousand only) as compensation and for thrusting unavoidable litigation to the complainant. The pending application(s), if any also stands disposed of. The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which, they are further burdened with additional cost of Rs.10,000/-(Rupees Ten Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced on Open Commission
