DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. NO. 1045/14
Shri Suman Bindal
R/o H. No. H-1/1
Krishna Nagar, Delhi – 110 051 ….Complainant
Vs.
M/s. Express India Elevators Co.
Through Shri Mehboob
Shop No. 26, 1st Floor
DDA Market, Pushpa Bhawan
New Delhi – 110 062 ….Opponents
Date of Institution: 08.12.2014
Judgment Reserved for : 12.08.2016
Judgment Passed on : 31.08.2016
CORUM:
Sh. Sukhdev Singh (President)
Dr. P.N. Tiwari (Member)
Ms. Harpreet Kaur Charya (Member)
Order By : Ms. Harpreet Kaur Charya (Member)
JUDGEMENT
The complainant Shri Suman Bindal has filed a complaint under Section 12(a) of the Consumer Protection Act 1986, against M/s. Express India Elevators Co. (OP).
2. Brief facts of the complaint are that the complainant entered into an agreement with OP for installation of passengers elevator (MRL) vide letter dated 07.05.2012 for a payment of Rs. 8,15,000/-. The said elevator was to be installed within 6 months, using ISI quality parts. However, the elevator was installed on 25.10.2013. It was also the grievance of the complainant that local and substandard parts were used by OP for assembling the lift, which had led to total failure of the functioning of the elevator in question and it was lying unused as OP had also failed to provide after sale service despite several complaints.
Legal notice dated 30.04.2016 was sent by the complainant, but OP chose not to reply. It is also stated in the complaint that the complainant got lift inspected from M/s. Recon Elevators & Escalators Co., which reported that the parts used by OP in installation/assembling of lift were outdated and unbranded and estimate of Rs. 2,85,000/- was given by M/s. Recon to repair and replace the substandard parts used by OP.
The complainant has prayed for refund of Rs. 8,15,000/- with interest @ 18% p.a., Rs. 5,00,000/- for mental pain and agony alongwith Rs. 55,000/- towards litigation expenses.
3. Notice of the complaint was duly served on OP, but none appeared. Thus, they were proceeded ex-parte on 29.10.15.
Evidence by way of affidavit was filed by the complainant, where he examined himself and reiterated the facts mentioned in the complaint. The complainant has placed on record the offer letter by the OP with detailed specifications of the parts to be used with brand names, payment receipts dated 07.05.2012 for Rs, 1,23,750, 18.07.2012 for Rs. 2,47,000, 25.10.2013 for Rs. 1,96,750, 03.11.2012 for Rs. 2,47,500 and retail invoice dated 25.10.2013 for Rs. 4,21,875/-. He has also placed legal notice dated 30.04.14, estimated charges quoted by Recon elevator and Escalator Co. for carrying out repair work on the elevator dated 09.10.2014.
4. We have heard the complainant and as OP did not put appearance, the allegations of the complainant remains uncontroverted and sifting of material reveals that the complainant started facing problem with the elevator right after the installation and elevator was within the warranty period. Despite several complaints to OP, his grievance was not addressed. The complainant has also filed the quotation of Rs. 2,85,000/- by Recon Elevator dated 09.10.2014 for the repair work.
When a person spends his hard earned money with the hope of enjoying the comfort, but what he gets was the disappointment at the hands of OP. Use of substandard material by OP has posed life risk to the complainant and his family and it cannot be expected from any person to keep the safety of his family and himself at stake. Hence, we are of the opinion that OP has not only sold a substandard product to the complainant, but also failed to provide after sale services as promised in the quotation letter. Therefore, OP is directed to repair the elevator and replace the substandard parts with the branded parts as promised in the offer letter. OP is further directed to extend the warranty of the elevator by one year. The above said directions are to be complied within 30 days from the receipt of this order. In case OP fails to repair the elevator in prescribed time limit, then OP shall refund an amount of Rs. 8,15,000/- alongwith 9% interest from the date of filing of this complaint. We also award compensation of Rs. 50,000/- for mental pain and agony. This shall include cost of litigation also.
Copy of the order be supplied to the parties as per rules.
File be consigned to Record Room.
(DR. P.N. TIWARI) (HARPREET KAUR CHARYA)
Member Member
(SUKHDEV SINGH)
President
