Delhi

East Delhi

CC/179/2017

M.S. MISHRA - Complainant(s)

Versus

SATTAK SECURITY - Opp.Party(s)

26 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO  179/17

 

Sh. M.S. Mishra

S/o Shri R.C. Mishra,

R/o C-52, Kripal Apartments,

IP Extension, Delhi- 110091

…Complainant

Vs.

 

 

Sattak Security and Management

Service Private Limited Delhi,

Through Mr. Bose, Director

C-16, 4^th Floor, Guru Nankapura

Laxmi Nagar Delhi- 11092

…Opposite party

 

 

Date of Institution: 11.05.2017

Judgement Reserved on: 26.02.2019

Judgement Pronounced on: 11.03.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

Judgement

The present complaint pertains to allegations of deficiency in service and unfair trade practice against OP, Sattak Security and Management Service Private Limited Delhi, by the complainant, Sh. M.S. Mishra.

Briefly stated the facts of the present complaint are that in the month of March 2015, the complainant got CCTV installed at his residence for which the estimate/ quotation dated 28.02.2015 of Rs. 13,100/- was sent by OP.              Rs. 8,000/- were paid on 28.02.2015 and cheque bearing No. 000034 for a sum of Rs. 7,000/- was issued. It has been stated by the complainant that the OP had received Rs. 15,000/- instead of Rs. 13,100/- on the pretext that the difference was towards taxes, no receipt was issued in lieu of the payment made. It has been further stated in the complaint that the system was under 2 yrs warranty period but the same was not functioning properly. The OP could not rectify the defect and admitted that the HDD of the CCTV system was not properly working and assured replacement of the same. The complainant has also stated that           OP has been demanding Rs. 500/-  as due for rendering services. Despite several e-mails and legal notice dated 18.06.2016 the OP did not remove the defects in the CCTV hence the present complaint seeking directions to OP to return Rs. 15,000- along with interest @10% per annum and Rs. 1,00,000/- on account of mental agony and harassment.

The complainant has annexed the quotation dated 28.02.2015, mails dated 19.06.2015, 26.06.2015, 09.06.2015 and legal notice dated 16.06.2015 with the complaint.

Notice of the present complaint was served upon OP, and authority letter in favour of Shri Ganesh Dutt was filed, but they failed to file their reply and did not put appearance on subsequent dates. Hence, they were proceeded ex-parte.

Evidence by way of affidavit was filed by the complainant where he has deposed on oath the contents of his complaint and has relied upon the annexure annexed with his complaint. He has also filed additional evidence by way of affidavit where he has placed on record the proof of payment of Rs. 7,000/- made to OP.

We have heard the submissions made on behalf of Ld. Counsel for the Complainant and have perused the material placed on record. A look at mail dated 28.02.2015 which is the quotation given by the OP which bears the total cost of the CCTV system installation as Rs. 13,100/- out of which Rs. 8,000/- were paid by the complainant and the final amount due was Rs. 5,100/-. The complainant has been successful in proving that he had paid 15,000/- to OP. Further, bare reading of the mails exchanged between the complainant and OP on different dates also reflects that OP had not only failed to rectify the problems in the CCTV system but also failed to redress the grievance of the complainant. Since, OP chose not to file their reply the allegations made by the complainant have remained un-rebutted. Therefore, we allow the present complaint and direct the OP to refund Rs. 15,000/- alongwith 9% interest from the date of filing of complaint till realization. We also award Rs. 7,500/- as compensation on account of mental harassment and agony. The complaint is also directed to return the defective CCTV system to the OP on compliance of this order.

The said order be complied within 30 days from the receipt of order by OP, else Rs. 7,500/- shall also carry interest @9% per annum from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                            (HARPREET KAUR CHARYA)     Member                                                                 Member

 

 

(SUKHDEV SINGH)

          President