In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.14/2011 .
1) Sri Sudhir Satnaliwala,
Prop. of Check-in- and Check-out,
Residing at 14A, Burdwan Road,
P.S. Alipore, Kolkata-27. ---------- Complainant
---Versus---
1) OTIS Elevator Co. (India) Ltd.
2) Sri Rahul Dasgupta,
Asst. Manager, Customer Srvice.
3) Sri Arijit Das, Customer Care Executive,
All of OTIS Elevator Co. (India) Ltd.
Eastern Region, Jeevan Deep, 6th Floor,
1, Middleton Street, Kolkata-71, P.S. Shakespeare Sarani. --------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 25 Dated 22-07-2013.
The case of the complainant in short is that complaiannt is represented by Sri Krishnendu Chatterjee, S/o Lt. P.R. Chatterjee, of 14A, Burdwan Road, P.S. Alipore, Kolkata-27, by an authorized letter dt.7.1.11.
Complainant purchased two elevators for the premises no. 14A, Burdwan Road, P.S. Alipore, Kolkata-27, from the o.ps. in the month of April, 2004. He entered into an agreement for service contract of the said two elevators of the said premises on 23.9.08, commence on 1.10.08.
It is specifically mentioned in the service contract dt.23.9.08 the o.ps. will provide free service with spare as per said contact the o.ps. will give free service with spare parts of the said two elevators along with the spare parts for those elevators for a period of 3 years. Accordingly, the complainant by signing a contract paid Rs.1,48,561/- to the o.ps. for service with machine parts.
Within the service period the said elevators were not functioning well and the complainant made several complains to the o.ps. and the service people while attending those complains to the complainant’s residence cum office always advised the complainant to change the defective parts with their newly develop parts for the elevators as because the company provides some obsolete parts for which the elevators are not functioning properly in the residence of the complainant as well as office at 14A, Burdwan Road, P.S. Alipore, Kolkata-27.
On 23.9.08 the service contract was signed by the o.ps. with the terms and conditions they will provide all service towards the said elevators and change the defective spare parts at the cost. But the o.ps. fraudulently did not disclose the name of the parts at the time of contract, which was manufactured by L & T Ltd. Prior to the contract regarding the parts, which are obsolete prior to the contract.
From September, 2010 to December, 2010 due to the defective parts one elevator remain idle for that complainant sustained heavy losses and injuries which is irreparable and getting no other alternative the complainant in spite of the said service contract dt.23.9.10 forced to pay Rs.1,58,000/- for changing the defective parts of the said elevators, though it was agreed by the o.ps. with a written assurance, they will not only provide service but they will change the defective parts as per service contact, dt.23.9.08 and which was acted upon on 1.10.08 as because the men and agent of the complainant suffered a lot for last three months i.e. from Sept. 2010 to Dec. 2010 before changing of defective parts, for not to face any further losses and injuries.
Complainant not only paid Rs.1,58,000/- but the complainant faced irreparable losses and injuries amounting to Rs.3,00,000/-. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant purchased two elevators for the premises no. 14A, Burdwan Road, P.S. Alipore, Kolkata-27, from the o.ps. in the month of April, 2004 and it is specifically mentioned in the service contract dt.23.9.08 the o.ps. will provide free service with spare as per said contact the o.ps. will give free service with spare parts of the said two elevators along with the spare parts for those elevators for a period of 3 years. Accordingly, the complainant by signing as a contract paid Rs.1,48,561/- to the o.ps. for service with machine parts.
We further find that on 23.9.08 the service contract was signed by the o.ps. with the terms and conditions they will provide all service towards the said elevators and change the defective spare parts at the cost. But the o.ps. fraudulently did not disclose the name of the parts at the time of contract, which was manufactured by L & T Ltd. Prior to the contract regarding the parts, which are obsolete prior to the contract.
It is also seen from the record that since September, 2010 to December, 2010 due to the defective parts one elevator remain idle for that complainant sustained heavy losses and injuries which is irreparable and getting no other alternative the complainant in spite of the said service contract dt.23.9.10 forced to pay Rs.1,58,000/- for changing the defective parts of the said elevators, though it was agreed by the o.ps. with a written assurance, they will not only provide service but they will change the defective parts as per service contact, dt.23.9.08 and which was acted upon on 1.10.08 as because the men and agent of the complainant suffered a lot for last three months i.e. from Sept. 2010 to Dec. 2010 before changing of defective parts, for not to face any further losses and injuries.
In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund Rs.1,58,000/- (Rupees one lakh fifty eight thousand) only the amount paid by complainant to o.ps. and are further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
