Delhi

North East

CC/229/2017

Jagdish Chandra - Complainant(s)

Versus

I Tech Lifts - Opp.Party(s)

06 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 229/17

 

In the matter of:

 

	Shri Jagdish Chandra S/o Shri Adal Ram R/o House No. L-22, 3rd Floor, Naveen Shahdara, Delhi-110032.	Complainant
	Versus
	ITECH LIFTS Owner Kaushik Jain and Piyush Jain, Gali No.5, 1/10625-C Mohan Park, Shahdara, Delhi-110032.	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

17.07.2017 06.07.2018 06.07.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Briefly stated the grievance of the complainant is that he had entered into an agreement for service contract with OP for lift AMC in his residential premises on 31.08.2016 for a period of one year for total consideration amount of Rs. 10,000/- paid in cash by the complainant to the OP and duly acknowledged by the OP vide receipt no. 204 dated 31.08.2016. Vide the said AMC agreement, the OP had undertaking to give service with respect to the said lift for one year. However, in November 2016 at the time of second service, a problem arose in the lift panel for which the OP gave an estimate of repairs to the tune of Rs. 32,000/- to the complainant against which the complainant gave a sum of Rs. 25,000/- in cash to the employee of the OP as advance payment to purchase another panel and replaced the same but the problem in the lift could not be resolved. The complainant has further stated that after some days the employee of the OP visited the complainant’s residence and took some other parts of the lift on the pretext of repairing / servicing them. But he neither received any calls of the complainant thereafter nor visited the complainant’s site to repair the lift or return the money taken against the agreement. Therefore in view of the OP’s failure to comply with the AMC agreement or return the money and parts of the lift to the complainant without any sufficient reason causing him mental pain, agony and suffering in as much as the complainant is a 63 old year person with kidney problem undergoing dialysis twice a week, he was constrained to file the present complaint before this Forum praying for issuance of directions to the OP to refund Rs. 10,000/- paid by the complainant towards AMC agreement for the said lift to the OP, Rs. 25,000/- towards advanced paid for panel, Rs. 40,000/- for mental tension and Rs. 20,000/- towards litigation charges.

The complainant has attached copy of the receipt no. 204 dated 31.08.2016 as proof of acknowledgement of payment of Rs. 10,000/- paid towards AMC for one year without parts to the OP by him and his medical records for haemodialysis at Sant Parmanand Hospital dated 01.07.2017 and 05.07.2017.

2. Notice was issued to the OP which was served on 05.08.2017 however none appeared on its behalf and was therefore proceeded against ex-parte vide order dated 17.11.2017.
3. The complainant filed his ex-parte evidence and written arguments on 09.01.2018 and 15.05.2018 respectively reiterating his grievance in the present complaint.
4. We have heard the arguments addressed by the complainant which have gone unrebutted due to absence of the OP.

The complainant was put to a pertinent question by the Forum about the proof of payment of Rs. 25,000/- allegedly paid by him to the OP as advance payment for purchase of panel for which he admittedly did not have any proof of payment made to OP or its employee and therefore the relief claimed for the same cannot be entertained for want of sufficient proof which the complainant has unable to place on record.

5. In view of the complaint gone unrebutted, we allow the present complaint against the OP and direct the OP to pay a sum of                   Rs. 10,000/- by way of refund to the complainant towards the AMC agreement alongwith Rs. 10,000/- as compensation for mental harassment pain and agony for facing discomfort in climbing stairs till 3^rd floor where the complainant resides without lift given his medical condition of dialysis and Rs. 5,000/- towards cost of litigation to the complainant within 30 days of receipt of copy of this order, failing which penal interest of 9% shall be levied / payable by the OP on the awarded sum of Rs. 25,000/- from the date of passing of this order till realization.   
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 06.07.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member