Complaints filed on: 06-12-2022
Disposed on: 06-03-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU.
DATED THIS THE 6th DAY OF MARCH 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
CC.No.181/2022
Sri. Y.K.Parthasarathi
S/o Late Y.H.Krishnaiah Shetty,
Aged about 68 years,
Residing at ‘MARUTHI”
CSI Layout, 2nd Cross,
Opposite to Park, Tumkur.
……….Complainant
( In Person)
V/s
1. M/s Ironbird Elevators,
No.21, Balaji Layout,
Near Badrappa Layout,
Sanjay Nagar, Bangalore-560 094
Represented by its authorised Signatory
Managing Director, Sri.Byju Balan.
2. Sri. Byju Balan, Major,
Managing Director/Authorised Signatory,
M/s Ironbird Elevators, No.21, Balaji Layout,
Near Badrappa Layout, Sanjay Nagar,
Bangalore – 560 094.
……….Opposite Party
(Served – Absent)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint has been filed by the complainant against the OPs U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OPs to refund Rs.6,95,000/- along with interest @ 24% PA and further prays to direct the OPs to pay Rs.10,80,000/- towards rent paid by the complainant for the period of two years, and Rs.2,00,000/- towards damages along with cost and other expenses and also prays to grant such other reliefs as this Commission deems fit to grant.
2. The brief facts of the complaint are as under:-
The complainant submitted that his wife is not keeping well and under wheel chair and therefore the complainant wanted to construct a house at Tumkur with lift and other amenities and hence approached the OP for installation of lift in the premises and accordingly an agreement dated:14.02.2018 was entered into between the complainant and OPs for total cost of lift at Rs.8,25,000/- and the complainant totally paid Rs.6,95,000/- in three installments as per the OP’s instruction. The complainant further submitted that from the date of agreement to till today, the OP has not completed the work and due to non-completion of work, the complainant is unable to take care of his wife and residing in a rented house by paying rent of Rs.45,000/- Per Month. As per the agreement, the work should be completed within two months, but the OP till today not completed the installation work. The complainant further submitted that the workers of the OPs have visited the premises without any material and without doing any work, left the premises and therefore the complainant contacted the office bears of the OP namely Mr.Biju and Mr,Vishak on several times to complete the work, but they simply dodged to install the lift on one pretext or the other. The complainant further submitted that in spite of request through phone, the OPs did not install the lift. Due to the act of the OPs, the complainant residing in rented house by paying rent. The act of the OPs is nothing but deficiency in service but also unfair trade practice. Hence, the complainant filed this complaint.
3. On receipt of notice by this Commission, the OPs 1 & 2 remained absent.
4. The complainant has filed his affidavit evidence. The complainant marked the documents at Ex.P1 to P13.
5. On perusal of copy of complaint and documents produced by the complainant, the points that would arise for our consideration are:
1) Whether there is any deficiency in service on the part of OPs?
2) Whether complainant is entitled for reliefs sought for?
6. Our findings to the aforesaid points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order
:REASONS:
7. The complainant approached the OPs for installation of lift in his newly constructed premises and entered into an agreement dated:14.02.2018 with the OPs for total cost of Rs.8,25,000/-. As per Ex.P7, P8 and P9, the complainant paid Rs.6,95,000/- in 3 installments as per the OPs instruction. As per the agreement, the work should be completed within 2 months, but the OP till today has not completed the installation work. The workers of the OPs have visited without any material and without doing any work and the complainant approached the OPs on several times to complete the work. But the OPs till today did not install the lift after receiving the substantial amount from the complainant. This act of the OP amounts to deficiency in service. Hence, the OPs are liable to refund Rs.6,95,000/- to the complainant along with interest.
8. Due to the act of OPs, the complainant residing in rented house by paying rent. But in this regard, the complainant neither produced any rent agreement nor rent paid receipts. Hence, the complainant is not entitled to claim Rs.10,80,000/- towards rent paid.
9. For the acts of OPs, the complainant compelled to approach this Commission. Therefore, the OPs are liable to pay Rs.25,000/- as compensation for mental agony and Rs.10,000/- as litigation expenses. Accordingly, we pass the following:-
:ORDER:
The complaint is allowed in part.
The OPs are directed to refund Rs.6,95,000/- with interest @ 9% PA from the date of respective payment i.e. (Rs.1,00,000/- on 16.02.2018, Rs.2,00,000/- on 10/10/2019 and Rs.3,95,000/- on 20.06.2018, in all Rs.6,95,000/-) to till realization.
The OPs are further directed to pay Rs.25,000/- as compensation and Rs.10,000/- as litigation expenses to the complainant.
Further, the OPs are directed to comply the above order within 45 days from the date of receipt/knowledge of this order.
Supply free copy of this order to both parties
