Delhi

North East

CC/377/2013

Akash Sharma - Complainant(s)

Versus

M/s I Tech Lifts - Opp.Party(s)

22 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.377/13

 

CORAM:        Hon’ble President Sh. N.K. Sharma

                        Hon’ble Member Sh. Nishat Ahmad Alvi

 

In the matter of:

 

	Akash Sharma S/o Shri Purushottam Sharma R/o 2/27, Yudhistra Gali, Vishwas Nagar, Shahdara, Delhi-32
		Complainant
	Versus
	M/s I Tech Lifts Off at: Plot No. 41, UGF No. 342, Mohan Park, Shahdara, Delhi-32
		Opposite Party
Order

 

	DATE OF INSTITUTION:	30-12-2013
	DATE OF DECISION      :	22-09-2015

 

 

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

1. Present complaint has been filed by the complainant thereby alleging that in December 2012 he entered into an agreement with the OP for providing AMC for the manual lift installed in his premises bearing No. 2/27, Yudhistar Gali, Vishwas Nagar, Shahdara, Delhi-32. The said maintenance contract was executed between the parties vide deed of agreement dated 16-12-12 duly signed by both the parties. As per the agreement the complainant has paid Rs. 15,000/- to the OP and OP had to maintain the lift for a period of one year commencing from 15-12-12 to 15-12-13.

 

2. On 27-9-13 the complainant lodged a telephonic complaint to OP for non-functioning of lift but neither any engineer was deputed from the side of OP to remove the fault nor OP paid any attention to the complaint of the complainant. Even after a number of telephonic calls to the OP. As per the agreement OP had undertaken to attend the complaint within 3 to 4 hours. As per the complainant it was also agreed that the lift would be inspected every month and checked thoroughly but OP did not do so and failed to comply the terms and conditions of the agreement and never visited the complainant’s place during the period of AMC. The lift was installed for the convenience of his old aged parents and school going childrens. Complainant finding no response from OP and no alternative left get the lift repaired from M/s OMS Technologies against payment of Rs. 14,607/-.

 

3. Pleading gross negligence, deficiency and unfair trade practice on the part of OP and consequent mental pain and agony beside economical loss complainant has prayed for grant of Rs. 14,607/- the amount paid to another agency M/s OMS Technology with Rs. 50,000/- as compensation for harassment and Rs. 15,000/- as litigation cost.

 

4. OP was served the notice of complaint on 22-4-14 but nobody appeared on its behalf on 20-5-14 and 9-6-14 and it was proceeded against ex-parte. Even thereafter, nobody appeared on behalf of OP and evidence was filed by the complainant alongwith duly exhibited documents in his support.

 

5. Heard the complainant and perused the record.

 

6. As per agreement dated 16-12-12 OP had agreed to furnish the maintenance of one manual lift in the premises belonging to complainant, bearing No. 2/27 Yudhistar Gali, Vishwas Nagar, Shahdara, Delhi-32. Exhibit CW1/A the agreement show that the agreement was operative between 15-12-12 and 15-12-13. Complainant has paid Rs. 15,000/- to OP for the services to be rendered by the OP. It is also shown that OP undertook to attend the complaint within 3,4 hours. The lift was to be inspected every month in all respects and thoroughly checked and all safety parameters of lift were to be properly taken careof. It is duly signed by both the parties. Exhibit CW1/B is a quotation issued by OMS Technology for repairing of main card for lift, labour charges and service tax being Rs. 14,607/-. Exhibit CW1/C is a cash memo issued by OMS Technology for the work done. Thus the case of the complainant stands proved while nobody had come forward and defended/ controverted the documents placed on record by the complainant.

 

7. Accordingly, holding OP guilty for deficiency in service, unfair trade practice and harassing the complainant, we direct it to pay to the complainant an amount of Rs. 14,607/- alongwith Rs. 15,000/- as compensation for harassment and Rs. 5,000/- as litigation cost.

 

8. All these amount shall be paid within 30 days from the receipt of order, failing which amount of Rs. 14,607/- shall carry an interest thereon @ 12% p.a. from the date of its payment to M/s OMS Technologies till the date of final payment as per award. 
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.

 

Announced on: - 22-09-2015    

                                                 

            (N.K.Sharma)                                              (Nishat Ahmad Alvi)            

               President                                                             Member