FINAL ORDER/JUDGEMENT

This is an application u/s.12 of the C.P. Act, 1986.

            The case of the complainant, in brief; as follows :

            Complainant had entered in to a contract dated 28.05.2018 with the OP-1, Mr. Manas Biswas, the General Manager and Partner of Tyko Elevators India for installation of a lift at premises No. 32/1, Kashinath Dutta Lane, Baranagar, Kolkata – 700 036 and the price of the materials, erection, installation and commissioning of the lift in question is Rs.6,60,000/-. On execution of the contract, the OPs insisted  for a lump sum amount for installation of the lift and on 22.06.2018 the complainant has paid Rs.2,33,640/- to the OPs by cheque. The OPs started civil works like, creating the pit, bringing down some portion of the roof for making space for the lift. The OPs claim necessary permission for installation of lift from the competent authority and in the month of June, 2018 complainant has paid Rs.40,000/- by cash to the OP-1 for Civil works and also paid Rs.15,000/- and Rs. 24,000/- respectively for obtaining necessary permission from the CESC Ltd. and the Kolkata Municipal Corporation respectively. The OPs again insisted for more money for delivery of required materials even without issuing any proforma invoice. To avail the lift facility in his residence the complainant was compelled to pay Rs.2,00,000/- to the OPs on 09.07.2018 by cheque as part consideration. As per agreement, the OPs are supposed to complete to install lift within 26 weeks from the date of order, advance payment payout approval, settlement of all technical details for the purpose of installation of lift. The OPs failed to keep their promise in terms of the contract. Finally, the OPs have dumped some generic items like spring, rail etc. on 04.10.2018 at the premises of  the complainant  and promised to sent all the other custom made precision items by 07.10.2018  but they ultimately failed to supply the precision items and by SMS intimated the complainant to refund the money which was received in  terms of the contract for installation of lift. Till date the OPs did not refund the amount paid by the complainant. Finding no other alternative, the complainant has approached this Forum by way of Consumer Complaint seeking reliefs as per prayer.

In spite of service of notices the OPs did not turn up to contest the case. As such, the case has proceeded ex parte against the OPs.

Points for determination

1)         Are the Ops deficient in rendering services?

2)         Are the Ops indulged in unfair trade practice?

3)         Is the complainant entitled to get any relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :

            All the points are taken up together for the sake of convenience and brevity of discussion. ]

To establish his case complainant has tendered evidence through affidavit and produced photocopies of contract dated 28.05.2018, Statement of Accounts dated 22.06.2018 & 09.07.2018, copies of photographs of dumped  materials, medical report of the complainant’s wife and letter dated 05.02.2019 of the Assistant Director, Central Consumer Grievance Redressal Cell, Consumer Affairs Department, Govt. of West Bengal. On perusal of the evidence of the complainant as well as documents on record, we find that  the complainant entered in to a contract dated 28.05.2018 with Tyko Elevators India for installation of a lift at Premises No.32/1 Kashinath Dutta Lane, PS : Chiria More, PO : Baranagar, Kolkata – 700 036. The basic price of the lift including supply of materials, erection and commissioning is Rs.6,60,000/- and the lift will be installed within 26 weeks from the date of receipt of the order, advance payment, layout of plan and approval of statement of all technical details. In terms of the contract the complainant has already paid Rs.5,12,600/-  out of Rs.6,60,000/- to the OP-1 being the partner and General Manager of Tyko Elevators India. The OP-1 signed the contract dated 28.05.2018. In spite of expiry of 26 weeks, the OPs did not install the lift in the premises of the complainant except dumping of some generic materials like spring, rail etc on 04.10.2018. The grievance of the complainant is that the OPs did not supply the precision items of the lift. On 10.10.2018 the OP-1 sent  a SMS to the complainant to refund the advance amount taken by them as they are unable to install lift in due time. In spite of several request the OPs did not refund the advance amount. The evidence of the complainant remains unchallenged and uncontroverted. There is no evidence on the part of the OPs to rebut the evidence of the complainant. In absence of any contrary the materials as well as evidence on record, we are of the view that the complainant has been able to prove his case. As such, the complainant is entitled to get relief as prayed for. Thus, all the three points  under determination answered in the affirmative.

In result, the case succeeds in part.

Hence,

Ordered

That  the complaint case be and the same is allowed in part ex parte against the OPs with litigation cost of Rs.5,000/- (Rupees five thousand) only,

            The OPs being the partners of Tyko Elevators India, are jointly and severally directed to refund Rs.5,12,640/- (Rupees five lakhs twelve thousand six hundred  forty) only to the complainant  along with litigation cost within 60 days from the date of this order.

            OPs are further directed to pay Rs.30,000/- (Rupees thirty thousand) only as compensation for causing mental harassment and agony to  the complainant within the stipulated period.           

            The OPs are also directed to deposit Rs.5,000/- (Rupees five thousand) only  to this Forum as Punitive Damage for practicing unfair trade  within the stipulated period of 60 days.

            Liberty is given to the complainant to put the order in execution, if the OPs transgress to comply the order.