District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.383/2022.
Date of Institution: 19.07.2022.
Date of Order: 14.09.2022.
M/s. SX7 India through its partner Shri Nirmal Goyal S/o Sh. S.K.Goyal R/o 1816, Sector-16, Faridabad.
…….Complainant……..
Versus
M/s. Bonsdag Industries Pvt. Ltd., Dehlon road, Near Umdedpur Power House, Sahnewal, Ludhiana – 141120 (Punjab) through its Director.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member
Indira Bhadana…………Member
PRESENT: Sh. Ankur Gosain , counsel for the complainant.
Opposite party ex-parte vide order dated 12.08.2022.
ORDER:
The facts in brief of the complaint are that the complainant purchased a Disable Person Lift form the opposite party to be installed in the house of partner of the complainant firm namely Sh. Nirmal Goyal as the wife of Sh. Nirmal Goyal had problem in climbing the staircase. Initially, the opposite party gave a quotation of Rs.11,50,000/- but thereafter price of Rs.11,00,000/- was finalized including the installation and other taxes & charges, out of the said amount a sum of Rs.4,00,000/- was paid by the complainant in cash to the opposite party and the remaining sum of Rs.7,00,000/- was paid through cheque, however the opposite party issued the invoice only for a sum of Rs.8,00,000/-. The opposite party took about 2-1/2 months to said lift was installed in the house of Sh. Nirmal Goyal in the month of June 2019 but soon after 3 days of installation, the above said lift stopped functioning upon which the complainant raised the complaint with the opposite party regarding the non-functioning of the lift. After such complaint of the complainant, the opposite party sent some of its technicians to the house premises of Shri Nirmal Goyal, who examined the lift and informed the complainant that the machinery of the said lift was faulty and needs to be replaced. The complainant was also informed by the opposite party that the machinery of the lift installed was not available in India and needs to be imported form United Kingdom, in order to replace the same. Since the complainant had already made the entire payment for the purchase and installation of the above said lift, the complainant had no other option but just to wait for the machinery to be imported and replaced. Despite of payment of hefty amount of Rs.11,00,000/- by the complainant, Shri Nirmal Goyal was not able to use the lift for the entire duration till the time machinery of the lift was replaced. Even after the replacement of the machinery, the above said lift still did not function properly as in the month of February 2020, the said lift stopped functioning again and the complainant again raised a complaint with the opposite party, upon which the opposite party again sent some of its technicians to the premises of Shri NIrmal Goyal, who then repaired the said lift and assured the complainant as well as Shri Nirmal Goyal that the said lift would now function properly and the complainant would not had to raise any further complaint with the opposite party. In the month of October 2020 the said lift broke down while the wife of Shri Nirmal Goyal was inside the lift, that Shri Nirmal Goyal was terrified after the said incident as the life of his wife came in danger due to malfunctioning of the machinery of the lift. The complainant again raised the complaint with the opposite party regarding the non functioning of the lift but this time no one from the opposite party came to the premises of Shri Nirmal Goyal to check the lift and repair the same. The complainant as well as Shri Nirmal Goyal had been repeatedly following up with the opposite party company, over telephone since October 2020 and informing them that they were facing great difficulty due to non functioning of the lift as the same was installed for the wife of Shri Nirmal Goyal as she had problem in climbing the staircase. The complainant had been regularly asking the opposite party to replace the machinery of the said lift as the same suffers from some manufacturing defect but the opposite party had failed to pay any heed to the genuine request of the complainant and did not send anybody to check, repair or to replace the machinery of the lift. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the amount of Rs.11,00,000/- alongwith interest @ 18% p.a. from the date of payment made by the complainant to the opposite party, till the refund was made to the complainant.
b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 50,000 /-as litigation expenses.
2. Notice issued to opposite party on 28.07.2022 not received back either served or unserve.d Tracking details filed in which it had been mentioned that “Item Delivery Confirmed”. In the interest of Justice, opposite party was proceeded against ex-parte vide order dated 12.08.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– M/s. Bonsdag Industris Pvt. Ltd.. with the prayer to: a) refund the amount of Rs.11,00,000/- alongwith interest @ 18% p.a. from the date of payment made by the complainant to the opposite party, till the refund was made to the complainant. b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 50,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence, original Bonsdag, original quotation, original technical specifications, original safety features, Tax invoice dated 03.04.2019 for Rs.8,00,000/-.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to:
a) refund the amount of Rs.11,00,000/- alongwith interest @ 6% p.a. from the date of payment made by the complainant to the opposite party, till the refund is made to the complainant, subject to return the old Disable Person Lift.
b) pay Rs.22,000/- as compensation for causing mental agony & harassment .
c) pay Rs.11,000/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on:14.09.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
