Tamil Nadu

North Chennai

CC/8/2020

Mr.D.Ferdinand - Complainant(s)

Versus

Kamai Lifts,Rep by its Managing Director - Opp.Party(s)

P.V.Balasubaramaniam

31 Jan 2024

ORDER

Complaint presented on  :25.09.2019       Date of disposal            :31.01.2024

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G. VINOBHA, M.A., B.L.           : PRESIDENT

                                         TMT. KAVITHA KANNAN, M.E.,         : MEMBER-I

                                         THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.08/2020

 

DATED THIS WEDNESDAY THE 31^st DAY OF JANUARY 2024

 

Mr.D.Ferdinand,

Door No.4/5, Plot No.28,

Thiruvengadasami Street,

Kannabiran Nagar, Saligramam,

Chennai-600093.  

                                                         ... Complainant.                                                  ..Vs..

 

Kamai Lifts,

Rep by its managing director,

Mr.Toufiq sultan,

Block AM 15, Plot No.2976C,

14^th main road, shanthi colony,

Anna Nagar, Chennai-600 040.

          ...  Opposite party.

 

 

 

Counsel for the Complainant        : M/s.P.V.Balasubramanian

 

Counsel for the Opposite party    : M/s.C.K.Suresh and M.Chinnathambi(exparte)

 

 

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 17 of the Consumer Protection Act, 1986 prays directing the Opposite party to dismantle the lift and leave the lift pit in the same condition how it was handed over to the opposite party prior to installation of the lift and to reimburse the sum of Rs.8,00,000/- along with interest at 24%p.m immediately and to pay Rs.11,00,000/- as damages towards the installation of a defective lift and the mental agony and hardships caused to them and to pay the cost of the complaint.

 

1.THE COMPLAINT IN BRIEF:

          The complainant states that the total cost of the lift was agreed to be Rs.8,00,000/- which was to be paid in instalments at various levels of work of installation. That apart, the opposite party had undertaken to obtain necessary licenses in respect of the lift installed in the complainant’s residence from the competent authorities. The complainant states that even when the final instalment payment was made, there were lot of problems occurring in the lift and the said payment was made with an assurance and promise from the opposite party and their representatives that all the issues pertaining to the lift will be rectified once and for all shortly. However, contrary to what was promised none of the problems was attended to by the opposite party’s service team and till date and are unable to recertify the same, thereby exposing the inefficiency of the service provided. The complainant states that the installation of the lift was completed and the lift started working only from 01.04.2018, nearly 6 months after the promised date of delivery. However, since April 2018, from the date of installation of the lift one issue after another has been cropping up and almost every other day the representatives of the opposite party would be in the complainant’s residence, thereby invading into the privacy of the complainant and his family members. The complainant states that since the installation, both the doors were opening causing inconvenience, severe security and privacy issues to himself and the tenants. The complainant further states that right from the day the lift was installed, there had been some problem or the other almost on daily basis. The doors will be opening on both the sides, in the event of power failure, the automatic landing in the nearest floor will not happen and the occupants have to wait till the power is restored and only then they will be able to come out of the lift, the pulley was not functioning properly as a result of which there were lots of noises and disturbances from the lift while operating it. After power shut down, all the doors will automatically open and only after the opposite party’s service team rectifies the same, it would be possible to close the doors. On numerous occasions, the lift doors would not open immediately after it lands in a particular floor, these are the few amongst the faults and defects occurring regularly. The licenses which the opposite party had promised to get for the lift has still not been handed over to the complainant from the competent authority. The complainant states that in view of the aforesaid problems, the tenant who was in the portion on the 2^nd floor had vacated. On 14.11.2018 when the new tenants after completing the pooja in his portion had entered the lift to return and when they were on way to the Ground Floor, the power got shut down and the automatic landing feature had failed. The complainant states that substantial parts in the lift need to be replaced as the problem in non-functioning of the ADR on 14.11.2018 was in view of the defective ADR in the lift. Hence it was also agreed that even ADR will be replaced along with the replacement of other defective parts. Further, the opposite party is not willing to come forwards and give an assurance that no further problem will occur. The complainant submits that as there was no proper update or rectification work executed by the opposite party, he was left with no other option but to issue a legal notice. The complainant directing the opposite party to dismantle the lift and leave the lift pit in the same condition how it was handed over to the opposite party prior to installation of the lift and to reimburse the sum of Rs.8,00,000/- along with interest at 24%p.m immediately and to pay Rs.11,00,000/- as damages. Hence this complaint.

3. POINTS FOR CONSIDERATION:

1. Whether there is any deficiency in service on the part of the opposite party as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint. If, so to what extent?

The complainant had filed proof affidavit, additional proof affidavit, written arguments and documents Ex.A1 to Ex.A27 were marked on his side.Theopposite party remained exparte.

4. Point No.1:-

          It is an admitted fact that the complainant approached the opposite party for installation of lift to his house which was constructed by him Door No.4/5, Plot No.28,Thiruvengadasami Street, Kannabiran Nagar, Saligramam, Chennai-600093. Where he wanted to install an automatic lift which could facilitate for him as well as his tenants who were occupying the 1^st and 2^nd floor and further it is an admitted fact that the opposite party technical team installed and completed the lift installation after receiving full consideration from the complainant as agreed between them and further there is no dispute with regard to the fact that the entire amount was paid by the complainant to the opposite party before the installation of lift and further there is no dispute that the lift installed and started functioning from 01.04.2018 onwards. But according to the complainant there were lot of problems occurring in the lift and the said payment was made with an assurance and promise from the opposite party and their representatives that all the issues pertaining to the lift will be rectified once and for all shortly. However, contrary to what was promised none of the problems was attended to by the opposite party’s service team and till date and are unable to recertify the same, thereby exposing the inefficiency of the service provided from the date of installation of the lift one issue after another has been cropping up and almost every other day the representatives of the opposite party would be in the complainant’s residence, thereby invading into the privacy of the complainant and his family members. The complainant states that since the installation, both the doors were opening causing inconvenience, severe security and privacy issues to himself and the tenants. The complainant further states that right from the day the lift was installed, there had been some problem or the other almost on daily basis. The doors will be opening on both the sides, in the event of power failure, the automatic landing in the nearest floor will not happen and the occupants have to wait till the power is restored and only then they will be able to come out of the lift, the pulley was not functioning properly as a result of which there were lots of noises and disturbances from the lift while operating it. After power shut down, all the doors will automatically open and only after the opposite party’s service team rectifies the same, it would be possible to close the doors. On numerous occasions, the lift doors would not open immediately after it lands in a particular floor, these are the few amongst the faults and defects occurring regularly. The licenses which the opposite party had promised to get for the lift has still not been handed over to the complainant from the competent authority. Therefore the complainant alleged that the opposite party has committed deficiency in service by supplying the lift  with substandard material and quality due to which his family members and tenants were subjected to mental agony and hardship and therefore sort for dismantling of the lift and also for refund of Rs.8,00,000/- with interest and compensation.

          The opposite party remained exparte for not filing written version within statutory period.

          Ex.A1 is handing over certificate of the lift after installation by the opposite party on 02.04.2018 with a warranty/free maintenance for a period of 12 months ending with 01.04.2019 Ex.A2 to A22 are service receipt issued by the opposite party on various dates from 06.04.2018 to 30.01.2019. On perusal of the above said receipts it is found that the service receipt which were marked as Ex.A2, A4, A6 to A12, A15, A17 to A19, pertains to the service attended by the opposite party based on break down call from the complainant and other service receipts pertain to routine monthly services and it is further found that there were frequent breakdown calls in May, June and September 2018 and it is further found that on those occasions there was problem landing latch in the door in the ground floor and 2^nd floor and it was rectify by the technical team of the opposite party and it is further found that there was defect in ARB which occurred frequently and the said defects relates to a device which is responsible for movement of lift to a nearest floor in case of power failure and it is found that there was further problem in the 1^st and 2^nd floor gate lock which was subsequently rectified, Ex.A23 is receipt for payment of Rs.3,20,000 to the opposite party and Ex.A24 is sales invoice dated 03.07.2017. The complainant has filed a site inspection report dated 30.10.2020 which is marked as Ex.A25 and a letter issued by PVN associates pvt ltd dated 28.08.2023 which is marked as Ex.A26 and it is found in the site inspection report which was inspected in the presence of the complainant and representatives of opposite party wherein it is stated that about 30 defects in the lift were noted during the site inspection in which it is found that some of the defects relate to non-providing of mandatory electrical safety requirements and there were several quality and performance issues and under Ex.A26 it is stated that the only option now available is to change the controller and ARB which is as good as replacing the entire lift and it is further stated that the lift is not functioning and is inoperative for usage. Hence it is evident from Ex.A25 and A26 that even if the defects pointed out during the site inspection were allowed to be rectified by the opposite party even then there is every possibility for the recurrence of the said defects subsequently due to the supply of substandard materials by the opposite party and hence it is just a necessary that the opposite party as to be directed to dismantle and remove the entire lift and directed to refund the cost which was paid by the complainant towards installation of the lift. It is further found from the averments of the complaint that the complainant and his family members as well as his tenants as undergone hardship and mental agony due to the defective functioning of the lift from the beginning for which the complainant is to be suitably compensated by the opposite party. On perusal of the documents filed by the complainant it is found that the lift has functioned without any problem only for 2 to 3 months from the date of installation and thereafter the defects occurred one after other which required constant presence of the opposite party technical persons which inturn affected the privacy of the complainant and his family members. The non providing of an effective license for the lift from the competent authority also amounts to deficiency in service on the part of opposite party. Though it is alleged by the complainant that he has paid Rs.8,00,000/- on various dates to the opposite party towards installation of the lift on perusal of Ex.A27 bank statement and other receipts filed by the complainant there is proof of payment for only Rs.6.5lakhs to the opposite party which the complainant is entitled to refund from the opposite party. There is no contra evidence to disprove the contention of the complainant hence it is found that the opposite party has committed deficiency in service by providing substandard materials and by installing the defective lift. Point No.1 is answered accordingly.

Point No.2:

           Based on the findings given to the PointNo.1, since there is deficiency in service is observed on the part of opposite party, the opposite party is liable to dismantle and remove the lift from the complainant premises within 2 months and also liable to refund a sum of Rs.6.5lakshs to the complainant and also liable to pay Rs.1.5lakhs as compensation towards mental agony and deficiency in service. Point No.2 is answered accordingly.

          In the result the complaint is partly allowed.  The opposite party is directed to dismantle and remove the lift from the complainant premises within 2 months and directed to refund a sum of Rs.6.5lakshs to the complainant and also directed to pay Rs.1.5lakhs as compensation towards mental agony and deficiency in service. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.

 

          Dictated by President to the Steno-Typist taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 31^st  January 2024.

 

MEMBER I                                  MEMBER – II                           PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	02.04.2018	Handing over certificate
Ex.A2	06.04.2018	Service Receipt
Ex.A3	18.04.2018	Service Receipt
Ex.A4	09.05.2018	Service Receipt
Ex.A5	23.05.2018	Service Receipt
Ex.A6	23.05.2018	Service Receipt
Ex.A7	24.05.2018	Service Receipt
Ex.A8	26.05.2018	Service Receipt
Ex.A9	29.05.2018	Service Receipt
Ex.A10	05.06.2018	Service Receipt
Ex.A11	06.06.2018	Service Receipt
Ex.A12	28.06.2018	Service Receipt
Ex.A13	30.06.2018	Service Receipt
Ex.A14	03.08.2018	Service Receipt
Ex.A15	14.08.2018	Service Receipt
Ex.A16	05.09.2018	Service Receipt
Ex.A17	10.09.2018	Service Receipt
Ex.A18	15.09.2018	Service Receipt
Ex.A19	20.09.2018	Service Receipt
Ex.A20	12.10.2018	Service Receipt
Ex.A21	24.12.2018	Service Receipt
Ex.A22	30.01.2019	Service Receipt
Ex.A23	03.06.2017	Purchase bill
Ex.A24	03.07.2017	Purchase bill/Sale Invoice
Ex.A25	30.10.2020	Site Inspection Report
Ex.A26	23.08.2023	Letter issued by PVN Associates pvt.ltd
Ex.A27	2017-2018	Bank statement of the complainant

 

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

 

                             No Documents

 

MEMBER – I                         MEMBER – II                       PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CC.No.08/2020 dated 31.01.2024

Order Pronounced,

 

In the result the complaint is partly allowed.  The opposite party is directed to dismantle and remove the lift from the complainant premises within 2 months and directed to refund a sum of Rs.6.5lakshs to the complainant and also directed to pay Rs.1.5lakhs as compensation towards mental agony and deficiency in service. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.

                                                                                                

                                                                                         MemberI              MemberII          President