Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 25.06.2018
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to make the system installed by the opposite parties functioning up to the mark and trouble free through trained/skilled man force or to return the price of the system, accessories and labour charge worth Rs. 4.00 Lacs with 18% interest.
- To direct the opposite parties to pay Rs. 4,00,000/- as Compensation.
- To direct the opposite parties to pay Rs. 25,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant of this complaint petition is a hospital run by religious trust. It is the case of the complainant that it has purchased DVR and CCTV system and hired the services of opposite parties for proper maintenance of the same by making payment as consideration amount and as such the complainant is a consumer and this forum has jurisdiction.
It is the case of the complainant that for DVR and CCTV system quotation given by the opposite parties have been approved by which the opposite parties have agreed to give two year warranty on DVRs and hard disk and three years warranty on camera besides that the opposite parties had agreed to give free after sale services.
As stated above, the complainant approved the quotation of opposite parties and gave work order in March 2016 and July 2016 and thereafter the opposite parties had installed the system containing 62 sixty two cameras with other equipments and other accessories.
It is further case of the complainant that since the date of installation the CCTV system, it never worked smoothly due to this several complaint had been lodged by the complainant to opposite parties regarding non – functioning of CCTV system as well as DVR etc. repeated request were made to opposite parties for making the functioning of the system smooth and till December 2016 the opposite parties attended the complaint of the complainant and thereafter stopped attending the complaint of the complainant regarding the system.
The grievance of the complainant is that the complainant has spent Rs. 4,00,000/- for the aforementioned system but the system is not working properly since the date of installation and despite repeated request and reminder the opposite parties did not turned up for making the system working properly and uptill now the grievance of the complainant has not been redressed despite legal notice.
Several documents have been filed by the complainant in support of facts asserted in complaint petition and aforesaid documents have been marked as annexure – 1 to 6.
It appears that this case was admitted on 24.11.2017 and when registered notice dated 12.12.2017 sent to opposite parties did not returned unserved then valid tamila was declared and opposite parties were allowed time for filing written statement. When the written statement was not filed by opposite parties despite allowing sufficient time, then the opposite parties were debarred from filing written statement and this case was heard ex – parte.
Heard the learned counsel for the complainant.
It is the case of the complainant that despite installing the DVR and CCTV system at the cost of Rs. 4,00,000/- the aforesaid systems are not working properly and opposite parties are neither attending the complaint of the complainant properly nor they are assisting in making the system smooth as per their term of warranty etc.
The above fact clearly disclose grave deficiency on the part of opposite parties. There is no counter version of the opposite parties and as such we have no option but to rely on the fact which have been stated on solemn affirmation by the complainant.
For the reason stated above we direct the opposite parties to either to make the system functioning to the satisfaction of the complainant or to return the amount of Rs. 4,00,000/- (Rs. Four Lacs only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on above said amount of Rs. 4,00,000/- (Rs. Four Lacs only ) till its final payment.
Opposite parties are further directed to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member Member(f) President
