Complaint filed on: 06-04-2022

                                                      Disposed on: 02-07-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

#201, 202, 1^st Floor, Indian Red Cross Building Complex,

Ashoka Road, Tumakuru-572 101. 

CC.No.78/2022

DATED THIS THE 2^nd DAY OF July, 2022

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

Complainant: -   

Sri. K.C.Kantharaj S/o Late Kariyappa

A/a 58 years, R/at 5^th Cross, Vidyanagara

Beside Hoysalal Hotel, Tumkur-572102              

(By Smt. K.R.Mamatha, Advocate)

V/s

Opposite parties:-        

Sri. K.G.Manohar

Proprietor/Partner

M/s Gold Jaguars Lifts,

Regd. Off:No.195, 2^nd Floor,

17^th Cross, CBHS Layout,

Vijayanagara,

Bengaluru-40.

                                                (Served – Absent)

:ORDER:

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

The brief facts of the complaint are as under:

The OP is running a Firm/business in the name of Gold Jaguars Lifts at Bengaluru by undertaking work of supply, installation, testing and commissioning of Gold Jaguars electric traction elevator at Bangalore city and other places.  The complainant approached the OP and explained about the work of his own new house building.  Thereafter the OP visited the newly constructed house of the complainant and agreed to install the elevator and gave quotation for Rs.11,80,000/- excluding GST 18% as applicable.  Complainant has accepted for the same and paid Rs.3,00,000/- to the OP through RTGS from his account maintained at SBI, Tumkur.   

2. It is further case of complainant that, after receipt of the advance amount of Rs.3,00,000/-, the OPs have started work with great difficulty on repeated reminders form complainant and installed/erected only few low quality square pipes in the ground floor and first floor and further OP or his workman have not turned up to the work spot i.e. complainant building and being fed-up with the attitude of the OP, the complainant asked the OP to return the advance amount through messages and phones, but neither the OP responded to the phone calls nor return the advance amount. Hence, the complainant issued legal notice on 09.03.2022 through his advocate and the same was served on the OP, but the OP has not given any reply and failed to repay the advance amount.  Hence, the compliant.

3.       In spite of service of notice by this Commission, the OP remained absent. The Complainant filed his affidavit evidence and marked the documents at Ex.P1 to P6.

4. We have heard the arguments of complainant.

5.       . The points that would arise for determination are as under:

1)      Whether the complainant proves that there is

deficiency in service on the part of OPs?

2)      Is complainant entitled to the reliefs sought for?  

6.       Our findings aforesaid points are as under:

Point No.1: In the Affirmative

Point No.2: As per the final order

:R E A S O N S:

Point Nos.1 and 2:

7.       The learned counsel for the complainant submitted that, the OP has failed to start the work at work spot or in the complainant's newly constructed house for installation of lift after receiving the advance amount of Rs.3,00,000/- on 29.12.2021.  The complainant in the affidavit evidence reiterated the averments of the complaint. 

8.       To prove the case, the complainant has produced Ex.C1(a) to C1(f), the copies of proposal from OP (GOLD JAGUARS LIMITED), Technical details, price details dated:27.12.2021, payment terms and conditions and quotation for MS fabrication and blazing work.  According to complainant, he has paid Rs.3,00,000/- as advance amount to the OP through RTGS from his SBI account maintained at Tumkur.  The complainant produced SBI challan i.e. Ex.C2.  The Ex.C3(1) to 3(14) pertaining to messages and phone call conversation between the complainant and OP regarding returning of advance amount.  The OP (GOLD JAGUARS LTD.,) agree to supply installation, testing and commissioning of Gold Jaguars electric traction elevator in complainant's newly constructed house for Rs.11,80,000/- and also received advance amount of Rs.3,00,000/-.  It was the obligation on the part of OP to commence work within the specified time, but OP installed/erected only few low quality square pipes in the ground and first floor only.  Further, the OP or his workman not turned up to the work spot and being fed-up with the attitude of the OP, the complainant demanded to return the advance amount.  But the OP not responded to the phone calls, messages nor returned advance amount.  The OP though received legal notice/Ex.C4 dated:09.03.2022 has failed to comply the same and not come forward to challenge the case of complainant.  The act of the OP in not returning the advance amount and failed to commence the installation work within the reasonable time amounts to deficiency in service. 

9.       The OP has compelled the complainant to approach this Commission, thereby the complainant suffered mental agony and for that, the OP shall pay compensation of Rs.5,000/- and litigation and litigation cost of Rs.10,000/- to the complainant.  Accordingly, we pass the following:-     

:O R D E R:

           The complaint allowed in part.

The OP is directed to pay Rs.3,00,000/- to the complainant with 8% interest PA from the date of payment i.e. 29/12/2021 to till realization.

Further, the OP is directed to pay Rs.5,000/- as compensation and Rs.10,000/- as litigation expenses.

The OP is further directed to comply the above order within 30 days from the date of receipt/knowledge of this order.