SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019 seeking direction  against the  OP to pay and amount of  Rs.3,50,000/- towards the amount  to complete the erection of lift and also pay Rs.1,00,000/-  towards mental agony and pain  .

Complaint in brief :-

 According to the complaint, in the year 2020 March, complainant and OP entered into an oral agreement to install a lift in newly constructed house initially for an amount of Rs.9,42,000/- and later enhanced to 10,25,000/- on the basis of OP’s representation that he had experience and valid license to install the lift.  In the month of August 2020 , complainant paid Rs.3,00,000/- as advance amount and the OP promised to deliver spare parts within 4 months from the date of receipt which was not done until February 2022.  The OP delivered the  lift and spare parts after the receival of Rs.5,00,000/- in addition to Rs.3,00,000/-.  On  4/7/2022 , complainant again paid Rs.1,50,000/- and the  work men of the OP came to install the lift.  To the surprise of  complainant, he  learnt from the workmen of OP that the spare parts and lift is not to the  mark as fixed  by  electrical inspectorate.  The OP shown in the application of approval for the installation of lift was of M/s Sharp Lift and Escalators Shornur, with whom the complainant never entered into a contract.  The complainant could not conduct his house warming on 29/7/2022 as the  work of the lift   left incomplete and OP has no knowledge or  valid license to install the lift.  Thereafter another party is entrusted to get the lift installed by paying Rs.3,50,000/- .  The OP sent a lawyer notice to complainant demanding an amount of Rs.3,38,550-.  The OP induced complainant and obtained huge amount of money even though he has no valid  license to erect lift and he delivered low quality materials to install the lift which was not yet completed.  Hence this complaint.

         After filing the complaint,  commission has sent notice issued to OP .  The OP’s notice returned  with an endorsement as “ addressee left”.  It is presumed as notice is served.  OP is not  appeared before the commission and not filed any version.  The commission had to   hold that  the OP has no version  as such in this case  came to be  proceed against the OP as set exparte.

         Even though, the opposite party has  remained ex-parte, it is for the complainant to establish the allegation made by him against the  OPs.  Hence the  complainant was  called upon to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 6 documents  which is  marked as Exts.A1 to A6.    Ext.A1 is the  notice issued  from the Electrical Inspector, Kannur.  Ext.A2 is the lawyer notice sent by OP to complainant.  Ext.A3 is the  reply notice, Ext.A4 is the acknowledgment card, Ext.A5 is the copy of  statement of  account in the name of the complainant of  South Indian  Bank and Ext.A6 is the proforma invoice issued by Easy life Elevators in the name of complainant with respect to delivery of the  spare parts of the lift, its installation and commissioning.  The complainant was examined as PW1. So the OP is remain absent in this case.  At the end the commission heard the case on merit.

   Let us have clear glance in to the relevant documents produced by complainant. OP sent a lawyer notice to complainant which was marked as Ext.A2 reveals that OP admits the contract between complainant and OP and the consideration fixed for Rs.9,42,000/-.  There is a mere statement by OP the amount was enhanced to Rs.10,25,000/- and  the delivery of articles were made  on 4/2/2022 was also stated by OP in Ext.A2.  The OP admitted the payment of total consideration of Rs.9,50,000/- towards the installation of lift by complainant through Ext.A2 which is seen as original lawyer notice.  On the perusal of Ext.A1, it is seen that it was issued to M/s Sharp lifts Escalators, Shornur by the  office of Electrical Inspector, Kannur on the basis of scheme submitted by M/s Sharp lifts and escalators and the electrical office pointed out the  defects on the scheme to rectify  which was mentioned in Ext.A1 dtd. on 15/6/2022.  After the  perusal, the  commission seen that the contents of Ext.A1 goes in tune with the averment made by complainant regarding that the some other person is entrusted with the work by  OP.  As per Ext.A6 it is seen that  complainant transferred an amount of Rs.1,38,000/- to Easy Life Elevator  which complainant stated in the  complaint that he entrusted  the work  to erect the lift.  There is no evidence to show that an amount of Rs.3,50,000/- given to the entrusted  party(Easy Life Elevators) to complete the installation of lift rather than the payment of Rs.1,38,000/- in Ext.A6.  From all the documents, the commission drawn the view that there is deficiency in service from the part of OP as the work was not completed, the complainant  entrusted another agency by paying Rs.1,38,000/- as per Ext.A6 and as per Ext.A1 which was issued to some other party  which the complainant has no acquaintance . Hence the commission hereby conclude that there is deficiency in service from the part of OP.  The complainant is entitled to get compensation  based on Exts.A1&A6.

       In the result complaint is allowed in part.  The opposite party is directed to  pay Rs.1,38,000/- which is the extra amount paid by complainant to another person(Easy Life Elevators) to complete the installation of lift to the complainant  along with  as Rs. 5000/- as   compensation and Rs.2000/- as cost of litigation to the complainant within 30 days of receipt of this order.  In default  the amount of Rs.1,38,000/- carry  with 10% interest  per annum from the date of order till realization.   Failing which complainant is at liberty to file execution application against opposite parties as per the provisions of Consumer Protection Act 2019.

Exts:

A1- Notice issued from the Electrical Inspector  Kannur

A2- lawyer notice sent by OP to complainant

A3-Reply notice

A4- A.D card

A5 copy of statement of account

A6-Tax invoice issued by Easy Life Elevators.

PW1-Sajeesh.C.M- complainant

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                  MEMBER                                     MEMBER

Ravi Susha                             Molykutty Mathew                              Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR