Punjab

Sangrur

CC/452/2014

VIDYA RATAN - Complainant(s)

Versus

MD, EUREKA FORBES - Opp.Party(s)

ASHOK KUMAR GOYAL

12 Apr 2016

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 452                                                                                        

                                                                   Instituted on:  07.08.2014

                                                                   Decided on:    12.04.2016

 

1.     Vidhya Ratan son of Krishan Chand, Manager Bhagwati Filling Station, Village Gharachon, Tehsil and District Sangrur.

 

2.     Bhagwati Filling Station, village Gharachon, Tehsil and District Sangrur through Manager Vidhya Ratan.

                                                …. Complainants.    

                                         

Versus

 

  1.     Managing Director, Eureka Forbes Ltd. 7 -C Madhya Marg, Chandigarh, 14, 2nd Floor Sector 7-C, Chandigarh.

2.       Manager ( Territory Head) Eureka Forbes Ltd., B-17/423, Near Sethi Sales LG Show Room, Polo Ground , Patiala.

3.       Manager, Eureka Forbes Ltd., B-21/14627 Gandhi Nagar, Adjoining Guljar Filling Station, Dholewal, Ludhiana-3.

  

      ….Opposite parties.

 

 

FOR THE COMPLAINANT:    Shri Ashok Mahajan, Advocate                          

 

FOR THE OPP. PARTIES  :     Exparte.                     

 

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

                 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Vidhya Ratan  complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he obtained the services of the Ops by placing an order for installing CCTV Cameras with DVR in the premises of the complainants i.e. Bhagwati Filling Station, Gharachon, District Sangrur and paid a sum of Rs.6000/- in advance to Mr. Sawan, an employee of the OPs under receipt on 07.06.2013 and thereafter on 13.06.2013 another employee of the OPs visited the premises of complainants  and received Rs.20,000/- under receipt and installed one power supply, CP Plus-8 Channel DVR, 15 RO1-4. But, the instruments fitted by the OPs did not serve the purpose and did not work properly as the same did not trace the number plate of any vehicles. The complainants got raised an expenses of Rs.8500/- extra for fitting or wires etc. The complainants requested the OPs time and again for withdrawal of instruments and return of money along with interest and expenses but they did not do so. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make payment of Rs.26000/- paid by the complainants time to time  and pay Rs.8500/-  as fitting charges ,

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.8000/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs did not appear and as such OPs no.1&3 were proceeded exparte on 09.12.2015 and OP No.2 was proceeded exparte on 10.03.2016.  

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-13 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had placed an order  to install CCTV Cameras with DVR  in the premises in the complainants at village Gharachon District Sangrur  and paid  an amount of Rs.6000/- in advance to Mr. Sawan, an employee of the OPs which was installed  by the OPs on 13.06.2013  and received Rs.20,000/- under receipt in favour of the complainants. But, the system installed by the Ops did not work properly as the same did not trace the number plate of any vehicle comes at the premises of the complainants at Bhagwati Filling Station Gharachon, District Sangrur. The complainant has further stated that he got raised an expenses of Rs.8500/- extra for fitting of wires etc. to install the instruments.  To prove his version, the complainant has produced on record copy of estimate along with terms and conditions  and  receipt of payment of Rs.6000/- which is Ex.C-5 and another receipt regarding receiving of Rs.20,000/-  which is Ex.C-6 on record.  The complainant has  also produced a receipt issued by Mr. Baldev Singh regarding receipt of Rs.8500/- from the complainant in lieu of his labour and charges of wires which  was used to install the instruments supplied by the OPs. The Ops have not come forward to contest the case of the complainant rather they chosen to remain exparte. As such the evidence produced by the complainant has gone unrebutted.  

5.             For the reasons recorded above, we  find  that the OPs are deficient in service and as such we allow the complaint of the complainant and direct the OPs to refund an amount of Rs.26,000/- which was paid by the complainant and also to pay an amount of Rs.8500/- incurred by the complainant to install the instrument supplied by the OPs. We further order the OPs to pay to the complainant a sum of Rs.10000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.5500/- as litigation expenses.

6.             This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                  

Announced

April 12, 2016

 

 

            ( Sarita Garg)                (Sukhpal Singh Gill)                                                                                                             

          Member                                President

 

BBS/-