Haryana

Ambala

CC/372/2017

Rajiv Jain - Complainant(s)

Versus

M/s Eureka Forbes Ltd - Opp.Party(s)

Gautam Sethi

06 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  372 of 2017

                                                          Date of Institution         :  02.11.2017

                                                           Date of decision           :  06.04.2018

Rajiv Jain aged about 50 years (Customer ID No.452812), resident of 160, Housing Board Colony, Ambala Cantt.

……. Complainant.

M/s Eureka Forbes Limited(Security Systems), SCO-107, Second Floor, Phase 10, Mohali -160052 (Punjab)

 

 ….…. Opposite Party  

 

Before:                Sh.D.N.Arora, President.

                             Sh.Pushpender Kumar, Member.

                             Ms. Anamika Gupta, Member.

                            

Present:       Sh. Ravinder Goel, counsel for the complainant.

Ops ex parte v.o.d . 21.12.2017.

 

 

ORDER:

In nutshell, brief facts of the present complaint are that the complainant had placed an order (order no.924802016 dated 29.03.2017) with the OP for supply and installation of Security System at the resident of the complainant  at H.No.160, Housing Board Colony, Ambala Cantt vide invoice no.6260013624 dated 30.03.2017 (DC No.29080270 dated 30.03.2017). The Security System and equipments were got installed by OP  at the house of the complainant. But from the very first day of installation the system was not working properly and the complainant made several calls to the OP but with no response and the complainant’s  son sent a ex-mail  on 04.07.2017 to the OP but the technicians of the OP failed  to rectify the defect.  The problems with the Security Systems were also noticed and recorded by the OP and he also received some messages from the OP that they have also  noticed the problems in the Panic Alarm, Room window, Door Window, Power System, First FLR Backside PLR trouble and Godown Window. Though the technicians of the OP visited several times to rectify  the defects but the needful could not be done and the defects and problems could not be rectified  and the Security System was not working.  On 25.05.2017 Mr. Amandeep Thakur, technician of the OP came but he  could not rectify  the defects and a written complaint on Daily Activity Report Form provided by  Mr. Amandeep Thakur  was made which was duly  received and signed  by him. The above problems still persist and the complainant is feeling cheated and harassed, left with no solution  except  to serve  the OP with a legal notice dated 12.07.2017 through registered AD posts as the problems in the Security System have not been rectified inspite of repeated calls and e-mails. Hence, the present complaint.

2.                Registered notices issued to Op but none has turned up on his behalf and he was proceeded against ex-parte vide order dated 21.12.2017.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-15 and close his evidence. Op proceeded ex parte v.o.d. 21.12.2017.

4.                We have heard counsels for the complainant and carefully gone through the case file. It is proved on the file that the complainant had purchased a Security System  Equipment and same was installed by the OP  as per order placed by the complainant on 29.03.2017. The complainant has paid the amount Rs. 68139.98/- as per invoice Annexure C-1 dated 30.03.2017. Grievance of the complainant is that since the date of installation, the security system was not working properly. In this regard complainant sent the E-mail as Annexure C-2 same was replied by the OP as Annexure C-3.  The technicians of the OP have also noticed the various problems in the System i.e.  Panic Alarm, room window, door window, Power System, First FLR Backside PLR trouble and Godown Window. The above said defects have also been shown in the messages given by the technician of the OP to the complainant as Annexure C-4 to Annexure C-12. Lastly, the complainant has also made the complaint on  dated 25.05.2017 as per Annexure C-13 on the Daily Activity register maintained by the OP. The contents of the complaint are as under :

“I  have installed the above system some days before  but from the day first system is not working properly and your technicians have visited so many times but in vain. They have even installed two repeats also for signal trouble but still the problem is same. System is not working some time it works and work of  some time it doesn’t it. Now, we are not interested to check the system by your technician again and again. We can never expect such a worst product of a reputed Tata liba Co. Now, you are humbly requested to remove the system and refund the money”.

 

 5.               In view of the above fact shows that the security system has not been rectified/replaced by the OP inspite giving the complaint and e-mail sent to the OP and their technician have also specified that the security system have some technical defects. In the present case, the OP has not appeared in the present case and also proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. In view of the above said facts that the complainant could not enjoy the facility of the security system installed at the premises of the complainant for security purpose despite spending of huge amount of Rs. 68,139.98/- by the complainant because the complainant had purchased the said security system in order to protect him as well as his family members besides his assets as well as house from any untoward incidents but due to lapse on the part of OP  it has not done so.

6.                     In view of above discussion, we are the view the OP has installed the defective security system and same was not rectified/replaced and in his way the complainant has been able to prove his case. Accordingly, the present complaint is hereby allowed with costs and Op is directed to comply with the following direction within thirty days from receipt of copy of the order:-

1. To refund the amount Rs. 68,139.98/-

as per Annexure C-1 along with interest at the rate of 9% per annum from the date of complaint till its realization subject to returning of the security system equipments installed in the premises by the OP.

(ii)     Also to pay a sum of Rs. 5,000/- on

account of mental harassment & agony alongwith cost of litigation.

 

Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on:06.04.2018

 

                               

 

(PUSHPENDER KUMAR)           (ANAMIKA GUPTA)     (D.N. ARORA)

                             Member                         Member                          President