Date of FIling : 06/09/2017

Order No.  7  dt.  13/02/2018

       The case of the complainant in brief is that the complainant is a religious institution under International Goudiya Vedanta Trust. The o.p. is a private limited company. The complainant was required to install a passenger elevator (lift) in its building situated at 39, Ramananda Chatterjee Street, Kolkata-9. In order to install the said elevator o.p. was entrusted for installation of such elevator. In terms of the said proposal o.p. specified Rs.5,20,000/- as contract price for supply of materials and installation of elevator. It was decided that the installation is to be made within 26 weeks from the date of receipt of the order. It was decided that 30% would be paid initially and after the progress of the work further 30% would paid and after the installation of the said elevator 30% would be paid and the balance 10% would be paid after installation of the elevator to the satisfaction of the complainant. On the basis of the said fact an agreement was entered into and the complainant paid Rs.4,25,000/- in two installments. After receiving the amount some materials were placed at the place of installation, but no effective step was taken for completion of work by o.p. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for providing necessary materials and install the elevator the said premises of the complainant and in default, refund the amount of Rs.4,25,000/- as well as compensation and litigation cost.

            In spite of receipt of the notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            The complainant in order to prove the case filed an affidavit of evidence whereby it was stated that an agreement was entered into between the parties for installation of an elevator at the premises of the complainant and the complainant also filed some documents to prove that they paid the amount of Rs.4,25,000/- to o.p.  It also appears from the evidence of the complainant that o.p. placed some materials at the premises of the complainant, but no effective step was taken by o.p. for installation of the elevator. It appears that the complainant made several correspondences with o.p. but no fruitful result was achieved. In view of such evidence on record and the documents provided by the complainant since the evidence of the complainant has remained unchallenged, therefore we hold that there was deficiency in service on the part of o.p. and the complainant will be entitled to get the relief as prayed for. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.281/2017 is allowed ex parte with cost against the o.p. The o.p. is directed to complete the work of installation of the elevator at the premises of the complainant as per agreement entered into between the parties within 30 days from the date of communication of this order, in default, refund the amount of Rs.4,25,000/- (Rupees four lakhs twenty five thousand) only to the complainant and is further directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.