DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.464 of 2017

                                                Date of institution:  05.07.2017                                             Date of decision   :  01.07.2019

Kirti Bajaj daughter of Vijay Bajaj, SCO No.10, Sai Market, Peer Mushala, Zirakpur, District SAS Nagar (Mohali), Punjab.

…….Complainant

Versus

Sanyo eco (India) INC., Global Business Park, Unit No.408, Chandigarh-Ambala Highway, Zirakpur, District SAS Nagar (Mohali).

                                                            ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Suresh Pal, counsel for complainant.

                OP Ex-parte

Order by :-  Shri G.K. Dhir, President.

Order

                Op being in the business of installing elevators came in contact with complainant because complainant was to get the elevator installed in her premises at SCO No.10, Sai Market, Peer Mushala, Zirakpur, District SAS Nagar (Mohali). Complainant is doing business of GYM, Saloon etc.  on different floors of these premises for earning her livelihood. Assurance was given that OP is one of the fastest growing elevator company with latest highly advanced global technology of Micro controller based control panel. Elevator was to be installed from the basement upto 4^th floor of the premises. Quotation was sent by OP to complainant on 18.07.2016. Thereafter agreement dated 04.08.2016 was arrived at between the parties regarding material and inland transportation, erection, installation, testing and commissioning of 6 passenger elevator. Total sale consideration agreed was Rs.8,25,000/-. Annexure-2 of agreement dated 04.08.2016 contains terms and conditions, clause of delivery, erection and completion etc. Installation of erection was to commence within one month from the date of receipt of material at site. However, same was subject to readiness of site in time, completion of civil work and electrical work as per requirements of complainant. However, uninterrupted electric supply and non disruption in the work schedule due to any reason were the requirement for erection and installation of elevator.  Complainant made payment of Rs.2,47,500/- on 05.08.2016; Rs.2,47,500/- on 14.09.2016 and Rs.1,65,000/- on 17.02.2017 as per terms and conditions of the agreement. As per maintenance clause in the agreement, free maintenance for 18 months from the date of handing over of elevator to the client was to be provided by OP. At the time of entering into agreement, OP assured for completion of entire installation work within 3 months from the date of execution of agreement i.e. untill 04.11.2016. However, this time frame was not adhered to by the OP, due to which complainant had to get legal notice dated 24.04.2017 served. No response was received, but OP kept on executing the work slowly and in piece meal manner. False assurance was given to complainant for completion of work at earliest. Thereafter OP started delaying installation process despite insistence by complainant for early installation.  Work has not been completed by OP in all respects and moreover work already done is not as per terms and conditions of agreement. As per agreement, front wall and enclosure was to be in stainless steel in hairline finish and designer finish, but the provided work has been given in stainless steel, in hairline finish without designer finish. Instead of designer finish, PVC lamination sheet, having design has been affixed on the door. That lamination sheet is of inferior quality and has started peeling and coming off. As per agreement, cabin door was to be provided in stainless steel hair line finish, but same has been provided in glavelised iron. On physical inspection of the doors, it was found that they are having lamination on one side, which is visible. However, other side is concealed. Upon inspection, it was found that the same is of glavelised iron. Doors have been affixed with PVC lamination designer sheet, but OP concealed the factum of using glavelised iron for cheating complainant. Photographs in this respect are annexed with the complaint. Car operating panel, as per agreement should have been consisting of digital display in 7 segment with S.S. micro push Braille buttons for car position indicator and directions arrows and floor call buttons micro that will illuminate on registration of call stainless steel plate. However, panel provided by OP is of low quality which is prone to damage and breakage in normal course of use.  As per agreement, indicator at G and other (Ground floor and other floors) should consist of digital hall position indicator alongwith direction arrow in a non glare plastic panel with micro push call buttons, which will illuminate on registration of call mounted in stainless steel on G.F. and other floors. However, indicator panel consisting of display of floor number and direction arrow is malfunctioning and not displaying correct information. As per agreement overload installation was required to be done by using device, which would work whenever the elevator would overload, by sending a warning signal. However, such device has not been installed. Non installation of such device can cause serious accident because the rope holding elevator can break and the elevator can fall causing loss of life and property. As per agreement, function of stop at the next door was required to be provided, albeit button regarding this function has been provided, but same does not work at all.  This shows improper installation and commissioning of elevator.  Besides as per agreement auto cut off function was required to be provided, which would switch off the fan and light inside the elevator, whenever the same is not in use. However, this function is not working at all. As per agreement low speed rescue operation function was to be provided in the elevator, but same is not working. This function basically comes into operation in case the elevator stops between the floors due to electricity failure or otherwise the elevator does not reach on any floor during operation.  Function of this depends on proper installation and commissioning, which has not been done.  Nuts and bolts/bracket fasteners supporting the elevator at various places have not been completely installed, but they are missing, which is dangerous for structural stability and safety of elevator. Interior walls of the elevator have also scratches at various places showing as if quality of used material is low or mishandling done by OP at the time of installation. Wires running throughout the elevator and the concrete enclosure and also near the automatic rescue device have also not been properly concealed, but they have been left open. Such loose wires can cause any type of accident. Inner walls of the elevator are not only consisting of scratches, but have not been properly installed because there are wide panel gaps between those walls, which reflect poor installation. These sheets/cabin panels have not been fastened tightly resulting in rattling, due to which they can easily become loose and fall. ARD unit consisting of batteries has also not been given in a closed enclosure/box, despite the fact that it is a very vital device containing live electricity wires. Non covering of same may cause any mis-happening or serious accident. As per agreement, elevator was to carry 408 kg. of weight i.e. 6 persons, but on operating the same it is not able to carry said weight. Main rope, on which the elevator has been hung, is coming off from the pully reflecting poor installation and use of defective and sub standard material. Above defects shows lackadaisical and non professional approach of OP because it provided deficient services. It is also claimed that OP adopted unfair trade practice, which caused mental agony and harassment to complainant as well as loss of future prospectus of earning. This complaint filed for directing OP to install elevator immediately as per specifications given in the agreement dated 04.08.2016; to replace all the materials which are defective and not as per agreement. Compensation of Rs.6.00 lakhs for mental agony and harassment and loss of future earning profits also sought.

2.             OP is ex-parte in this case.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-10 and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.            

5.             Defects pointed out above through different paras of the complaint in fact were also found by the Local Commissioner appointed by this Forum vide order dated 28.08.2017. Exotic Elevators, deals in new lifts maintenance and modification etc. at Zirakpur was required to submit his report under Section 13 (1)  of Consumer Protection Act, 1986 vide orders dated 28.08.2017 and said Local Commissioner submitted report Ex.C-10 after visiting spot and giving notice to both the parties. Despite notice by the Local Commissioner, none turned up for OP on 02.11.2017, when the Local Commissioner visited and inspected the spot. That inspection report points out defects/deficiencies in following terms:

1.     Main motor is not working in proper alignment (alignment is out).

2.     Over load device has not been fixed.

3.     Automatic Rescue Device is not working as the wire of the same is open.

4.     Landing seal bracket is not properly fixed.

5.     One landing door safety is not working.

6.     Motor base channel is not strong.

7.     PVC cable tray is not covered.

8.     LOP and COP display digits are missing.

9.     Lift doors are not of stainless steel and it is of GI sheets which are covered by lamination sheets.

10.    Lift cabin is not fully stainless steel and it is of GI sheets which are covered by lamination sheets.

11.    Some of the landing door locks are not working.

12.    Car guide rails and car frame is not in proper fitting and alignment.

13.    Balancing counter filler weight is not complete.

14.    This lift is not for six passengers.

15.    Control room panel’s 3ph wiring and all other wires are not covered in cable tray and piping and the same are lying open.

16.    Cabin panels are loose and not fitted properly.

6.             From this report itself, it is made out that main motor not working due to improper alignment; over load device not fixed; automatic rescue device not working; landing seal bracket etc. is not properly fixed. Details of these defects there in Ex.C-10 need not be reproduced again. However, these details certainly points out that due installation of elevator in question has not been done by OP even uptill 02.11.2017 and that is why atleast 16 defects were found by Local Commissioner who inspected the spot. This report Ex.C-10 remained unchallenged and as such same liable to be accepted as correct for holding that OP provided deficient services by not installing the elevator properly.

7.             Services of OP for due installation of elevator were obtained by complainant through agreement after inviting quotations for material, as reflected by Ex.C-1 sent by OP to complainant. These services were offered for installation of elevator in a building in which complainant carrying on business of gym and saloon for earning livelihood and as such complainant is consumer within meaning of Section 2 (1) (d) of Consumer Protection Act, more so when services of OP availed for consideration paid trough bank account, in respect of which copy of statement of ledger produced as Ex.C-3. Despite service of legal notice Ex.C-3/A, defects not removed and as such certainly complainant stood mentally harassed and she suffered financial loss also, due to which she is entitled for compensation of somewhat reasonable amount for mental agony and harassment and also to litigation expenses.

8.             As per Ex.C-1, two panels of cabin doors were to have center opening automatic doors in S.S. hair line finish, but photographic depiction Ex.C-4 shows as if galvelised iron in the doors used. So the material used in those doors was not as per specifications given in the quotation Ex.C-1. Besides photographs depiction Ex.C-5 show malfunctioning of indicator because direction arrow is not displayed. That is also deficiency in service on part of OP. Even photographic depiction Ex.C-5   shows malfunctioning of indicator because intended floor number not displayed completely. If display of intended floor number does not take place in moving elevator, then how one inside the elevator can assess as to on which floor he is reaching and as such installation of elevator on this  score is also defective and not as per agreement or terms contained in Ex.C-1.

9.             Photographic depiction Ex.C-6 shows as if there is non installation of nuts/bolts/bracket fasteners despite the fact that atleast 2 nuts and bolts/bracket fasteners are required to be installed. However, only one nut and bolt has been installed as per photographic depiction Ex.C-6. Non fitting of proper quantity of nuts and bolts/bracket fasteners definitely will make parts concerned loose at earliest, which may cause loss by way of any kind of accident and as such OP has not provided due services as per requirements of safety norms. Photographic Ex.C-7 produced for depicting scratches on the inner walls of the elevator. This shows that either the material used was of inferior quality or scratches surfaced due to mishandling of material or like reasons. Photographic depiction Ex.C-8 shows loose wires lying scattered without proper casing of PVC cable tray with cover. So this photograph Ex.C-8 shows as if PVC cable tray kept loose, due to which anyone coming in contact with the naked portion of PVC cable tray may suffer shock. Photographic depiction Ex.C-9 reflects gap in inner walls of elevator, which should not have been there and as such certainly installation of elevator is not done as per due specifications.

10.            Annexure-2 of Ex.C-1 contains terms and conditions showing as if dispatch for ordered material will be within 2 months from the date of receipt of technically and commercially clear order. Installation/erection to commence within a month from the date of receipt of material at site, but subject to readiness of site in time, completion of civil work and electrical work in client’s scope as per requirements. Material bound to reach at earliest after issue of Ex.C-1 dated 18.07.2016 and as such non completion of erection/installation work uptill filing of complaint on 05.07.2017 is another deficiency on part of OP. Provision for free maintenance for 18 months also incorporated in Annexure-2 part of Ex.C-1. As deficiencies/shortcomings in installation or erection of elevator exist as proved by photographic depiction alongwith report Ex.C-10 of the Local Commissioner and as such fitness of things warrants that direction should be issued to OP to install elevator as per specifications given in agreement dated 04.08.2016 by replacing the defective material or material not fitted as per agreement within specified time.

11.            As a sequel of above discussion, complaint allowed with direction to the OP to install the elevator as per specifications given in the agreement dated 04.08.2016 and replace the defective material or material not fitted as per agreement within 40 days from the date of receipt of copy of the order. Compensation for mental agony and harassment of Rs.40,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against OP.  Payment of these amounts of compensation and litigation cost be made within 30 days from receipt of certified copy of order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.

Announced

July 01, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member