Chandigarh

DF-II

CC/199/2023

MR. KULDEEP SINGH SONDHI - Complainant(s)

Versus

NIBAV LIFTS PVT. LIMITED - Opp.Party(s)

SAMIYA SINGH

01 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	199 of 2023
Date  of  Institution	:	05.04.2023
Date   of   Decision	:	01.11.2023

 

 

 

 

 

Kuldeep Singh Sondhi, House No.550/2^nd Floor, Sector 16-D, Chandigarh

 

             …..Complainant

 

Versus

NIBAV Lifts Pvt. Limited, Nibav Building, Mezzanine Floor No.11, L. B. Road, Adyar, Chennai 600020, India

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :    Complainant in person

Sh.Amanjot Singh Sidhu, Adv. proxy for Sh.Abhinav Singla, Counsel for OP

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

        The complainant has filed the present complaint pleading that being a senior citizen and suffering from serious health issues, he face physical discomfort while climb up & down the staircase several times a day as he resides on second floor of the house and therefore, he was keen to have a lift installed in the said residence.  It is submitted that the complainant also talk about this to another family resides at the ground floor, who expressed no objection to the installation of the lift.  Accordingly, the complainant approached the OP for installation of lift at his residence, who quoted the price of the lift to be Rs.13,29,742/- and asked to pay 25% amount of the total price while placing the Order for the lift (Ann.C-1). Thereafter, the complainant paid an amount of Rs.6,30,000/- to the OP vide receipts Ann.C-2 (Colly).  However, to the surprise of complainant, the family residing on the ground floor refused to co-operate and instead filed a complaint against the complainant. Left with no option, the complainant informed this to OP Company and requested to refund the amount paid by him.  The complainant also sent a legal notice to the OP seeking refund of his amount but the OP did not refund the amount. Hence, the present complaint has been filed with a prayer to direct OP to refund his amount and also pay compensation and litigation cost.

 

2]       After notice of the complaint, the OP put in appearance and filed their written version and while admitting the factual matrix of the case about receipt of Rs.6,30,000/- from the complainant for installation of lift at his residence, stated that the complainant is hand in gloves with his neighbour/owners of Ground floor with an excuse of filing a compliant against him, wants to avoid installation of Lift. It is stated that complainant signed the quotation and total price was fixed at Rs.13,29,742/- and paid Rs.6,30,000/ - and the complainant want to cancel the order without any reason, he himself booked the order and partly paid with his own sweet will.  The complainant alleged in his complaint that his reason for cancellation of order of Lift is that family living at ground floor of his premises raised dispute for installation of lift and on the another side, as per email dated 6.05.2022, he stated that he has health issues and not able to install Lift at his premises, which are contradictory to each other. Moreover, this product is designed for special kind of persons, not sale-able in open market, in this scenario amount is not refundable. It is pleaded that the order once booked cannot be cancelled, it is very clear on proposal form, "once the order is taken it can neither be cancelled or refunded". It is also pleaded that the OP is ready to install lift after balance payments and other formalities. Lastly the OP has prayed to dismiss the complaint with cost.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainant in person, ld.Counsel for the OP and have gone through the entire record including the written arguments.

 

5]       The main question to be decided is as to whether the complainant is entitled to get refund of the partial amount paid to OP for installation of lift or not ?

 

6]       In order to find out answer to this question, the following facts are necessary to be discussed:-

 

         From the record, it is clear that OP admitted to have received Rs.6,30,000/- from the complainant for installation of lift at the residence of complainant against its total cost of Rs.13,29,742/-.  It is also clear that the lift has not been installed and prior to that the complainant sought refund of his amount from the OP expressing his inability to get lift installed at his residence, but the OP denied any refund.

 

7]       It is observed that when the product or service for which amount has been paid has not been supplied or provided by the OP, then the OP should have refunded the amount to complainant as per his request. Definitely it amounts to unfair trade practice on the part of OP, when the OP did not render any service nor supplied any goods to the complainant against consideration.  Certainly it has caused physical harassment, mental agony and financial loss to the complainant.

 

8]       Taking into consideration the above facts & circumstances, we are of the opinion that unfair trade practice on the part of OP is proved.  Therefore, the present complaint stands allowed against the OP.  The OP is directed to refund an amount of Rs.6,30,000/- to the  complainant alongwith interest @9% per annum from the date of its receipt till the actual date of refund of amount to the complainant by the OP.

 

         This order shall be complied with by the OP within a period of 90 days from the date of receipt of copy of this order.      

9]       The pending application(s) if any, stands disposed off accordingly.

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

01.11.2023                                                                    

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER