Ex-P A R T E O R D E R
PER SHRI. S.S. PATIL - HON’BLE MEMBER :
1) This is the complaint regarding deficiency in service on the part of Opposite Party as the Opposite Party failed to carryout the work of installation of power generator in the premises of the Complainant’s school as agreed between the Complainant and the Opposite Party.
2) The facts of this case as stated by the Complainant are that, the Complainant is a Public Charitable Trust and is running a school known as Prudence International School and Jr. College. The Complainant has stated that it has purchased 125 KVA generator. This generator was to be installed in the school premises of the Complainant. Therefore, Complainant contacted Opposite Party for installation of the said generator. Opposite Party quoted Rs.44,120/- in Invoice No.DKS/PS/02/2010, dtd.28/04/2010 as the installation charges (labour charges) for installation of the said generator and other electrical work connected with installation of the generator.
3) The Complainant has further stated that the Opposite Party had a meeting with the Complainant. In the meeting the Opposite Party assured that the entire work of installation would be completed within 3 days and he demanded Rs.20,000/- as an advance for starting the work. Accordingly, the Complainant paid Rs.20,000/- to the Opposite Party by Cheque No.914856 dtd.13/05/2010 drawn on Axis Bank. After receipt of the said advance, the Opposite Party was supposed to start the work. However, the Opposite Party did not start the work inspite of several calls and attempts done by the Complainant. All the efforts done by the Complainant were in vain. The Opposite Party did not turn up and actually evaded the Complainant inspite of accepting Rs.20,000/- in advance.
4) The installation of the generator was urgent and essential. Hence, the Complainant got the work done through on M/s. SP Electricals. But the Complainant had to pay Rs.50,000/- to the said firm for doing the work. It was paid by Cheque No.592419. The Complainant has attached the xerox copy of the said cheque and bill 013/1-11 of M/s. S.P. Electricals dtd.09/08/2010.
5) The Complainant has further stated that, thus, the Complainant has hired the services of the Opposite Party for installation of the power generator by paying advance of Rs.20,000/- but the Opposite Party failed to do the work. This omission on the part of Opposite Party amounts to deficiency in service which subjected the Complainant to grave loss and hardship. Therefore the Complainant has finally prayed that –
a) The Opposite Party be held guilty of deficiency in service .
b) Opposite Party be directed to refund the amount of Rs.20,000/- with interest @ 18% from the date of payment.
c) Opposite Party be directed to pay Rs.50,000/- paid for alternate arrangement for getting the installation work done.
d) Op be directed to pay a compensation of Rs.50,000/- towards the mental agony, hardship, harassment sustained by the Complainant due to deficiency in service of the Opposite Party.
e) Opposite Party be directed to pay Rs.10,000/- towards the cost of the complaint.
The Complainant has attached the xerox copies of the following documents in support of its complaint –
a) Performa invoice dtd.28/04/2010 by Opposite Party.
b) Bill dtd.15/09/2010 issued by SP Electricals.
c) Cheque No.592419 dtd.09/08/2010 issued to SP Electricals.
d) Statement of account Axis Bank of Complainant.
e) Notice dtd.06/10/2010
f) Acknowledgement receipts signed by the Opposite Party.
g) The complaint is supported by the affidavit of Gaurao S. Khandar, the Trustee of the Complainant trust.
6) The complaint was admitted and notice of the complaint was duly served on the Opposite Party. However, inspite of service of notice, the Opposite Party remained absent and did not file his written statement. Therefore, an ex-parte order was passed against the Opposite Party vide Roznama dtd.01/11/2011.
7) Thereafter, the Complainant has filed affidavit of evidence and written argument wherein it reiterated the facts mentioned in the complaint.
8) We heard the Ld. Representative Shri. Gaurao Khandar for the Complainant and perused the papers submitted by the Complainant ad our findings are as follows -
The Complainant is a Public Charitable Trust running a school. It required a power generator to be installed in it’s school premises as there was intermittent electric power failures which adversely affected the smooth running of the school. Therefore, they purchased an electric power generator 1254 KVA. In order to install the said generator the Complainant needed the services of the Opposite Party. The Opposite Party issued his invoice of Rs.44,120/- vide Invoice No.DKS/PS/02/2010 dtd.28/04/2010. The Complainant has attached the copy of this invoice alongwith his complaint. According to this invoice, the Opposite Party has stated that his installation charges would be Rs.44,120/- for installing the said generator and allied electrical work. There was a meeting at the office of the Complainant, at 208 Parshwa Chembers, Essaji Street, Valgadi, Mumbai. The Opposite Party asked the Complainant for advance of Rs.20,000/- to start the work. A cheque of Rs.20,0000/- bearing No.914856 was issued to Opposite Party. This cheque was dtd.13/05/2010. It was debited on 15/05/2010 from the Complainant’s bank account (Axis Bank) of Fort Branch. Therefore, from this fact it is crystal clear that the Complainant is a consumer of Opposite Party. The Complainant has hired the services i.e. installation of the power generator, from the Opposite Party. For the said services the Complainant has paid Rs.20,000/- as in advance. The Opposite Party was supposed to start & complete the above said work within 3 days from 13//15/05/2010, but he did not even start the work. He even did not respond to the calls and efforts of the Complainant who was in urgent need of installation of the power generator. This certainly amounts to deficiency in service on the part of Opposite Party as contemplated in Sec.2(1)(g) of the Consumer Protection Act, 1986. Therefore, the Complainant is entitled for reimbursement of amount paid by him alongwith interest @ 9% p.a. from the date of payment to the Opposite Party.
9) The Complainant has further prayed for the amount of Rs.50,0000/- for alternate arrangement he had made for installation of the generator with S.P. Electricals and for which he had incurred an expenses of Rs.50,0000/-. In this respect it is clear that due to the deficiency in service on the part of Opposite Party, the Complainant had to pay an excess amount of Rs.5,880/-(Rs.50,000/- - Rs.44,120/-). Therefore, the Complainant is also entitled for the excess amount he had to pay for installation of its power generator with interest from the date on which the Complainant paid to the S.P. Electricals i.e. from 13/08/2010 till its payment. Certainly the Complainant is not entitled for Rs.50,000/- as prayed by it.
10) The Complainant has also prayed for a compensation of Rs.50,000/- towards the mental agony, harassment and hardship sustained by the Complainant. In this respect we find that the Complainant is a Public Charitable Trust run by the Trustees. The day toady work is being doe by the trustees themselves and they are the human beings one of the trustees of the Complainant has filed this complaint and he must have sustained the brunt of the deficiency in service of the Opposite Party. Therefore, we think just and proper to award the compensation of Rs.10,000/- to the Complainant towards the mental agony, inconvenience and hardships caused to the Complainant and the students of the school in general, taking into consideration, the subject matter of the Complainant the value of which is only Rs.20,000/-.
11) We also think it just and proper to order the Opposite Party to pay the Complainant Rs.5,000/- towards the cost of this complaint.
In view of the above finding we pass the order as follows –
O R D E R
1. Complaint No.132/2011 is partly allowed.
2. The Opposite Party is directed to pay to the Complainant an amount of Rs.20,000/- (Rs. Twenty Thousand Only) alongwith interest @ 9% p.a. from 13/05/2010 till its payment.
3. The Opposite Party is also directed to pay to the Complainant an amount of Rs.5,880/- (Rs. Five Thousand Eight Hundred Eighty Only) alongwith interest @ 9% p.a. from 13/08/2010 till its payment.
4. The Opposite Party is also directed to pay Rs.10,000/- (Rs. Ten Thousand Only) to the Complainant for mental agony, inconvenience and hardship caused to the Complainant’s trustees.
5. The Opposite Party is also directed to pay Rs.5,000/- (Rs. Five Thousand Only) to the Complainant towards the cost of this complaint.
6. The Opposite Party is directed to comply with the above said order within 30 days of the receipt of this order.
7. Certified copies of this order be furnished to the parties.
