CC No.1841/2015

Filed on 05.11.2015

Disposed on 04.11.2016

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 027.

DATED THIS THE 4^th DAY OF NOVEMBER 2016

CONSUMER COMPLAINT NO.1841/2015                                                                                                                                                                                                                                   

PRESENT:

     Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

              PRESIDENT

                        Smt. L.MAMATHA, B.A., (Law), LL.B.

                                 MEMBER

     Sri.  BALAKRISHNA V.MASALI B.A., LL.B

              MEMBER

                                              V/S

ORDER

BY SMT. L.MAMATHA, MEMBER

1. This is a Complaint filed by the Complainant against the Opposite Parties under Section-12 of the Consumer Protection Act, 1986 praying to pass an order directing the Opposite Parties to repay a sum of Rs.30,000/- along with interest @24% p.a. from the date of receipt of amount till the date of realization.   Further to pay a sum of Rs.25,000/- for deficiency of service and unfair trade practice and direct the Opposite Parties to pay a sum of Rs.25,000/- as compensation to the Complainant for mental agony, loss and injury caused to the Complainant and to direct the Opposite Parties to pay a sum of Rs.10,000/- towards legal expenses and to grant any such other relief/reliefs to the Complainant. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant submits that for the security reasons, he wants to put CCTV surveillance systems at his residence, therefore he has approached the Opposite Parties and requested them to render their service at the Complainant’s residence by putting CCTV cameras.  At the request of the Complainant, on 07.01.2014 the Opposite Parties representative one Sri.Charan Tej, who claims to be the Senior Territory Manager has visited the Complainant’s residence and after verification of the house, the Opposite Parties have suggested the Complainant to install (a) DVR-1, (b) Cameras 700 tvr-2, (c) 1 TB Hard Disc-1, (d) 5mps Power Supply units-5 at his residence for better surveillance.   The Complainant submits that as per the Opposite Parties instructions, the Complainant has placed the order to purchase the above said items from the Opposite Parties and the Opposite Parties have also promised the Complainant that they will install the said items at the Complainant’s residence.   Believing the words of Opposite Parties i.e., on 01.07.2014, has paid a sum of Rs.30,000/- by way of cheque bearing No.401127 of Vijaya Bank, Indra Nagar Branch, Bengaluru.  The Opposite Parties have presented the said cheque for encashment through their banker and realized the cheque amount of Rs.30,000/- on 13.01.2015.  Even after receiving the above said amount of Rs.30,000/- from the Complainant, the Opposite Parties have not provided service to the Complainant.   On several occasions, the Complainant has personally requested the Opposite Parties to install the CCTV and other equipments, however the Opposite Parties have not shown any interest in providing service to the Complainant.  The Complainant has issued a legal notice dt.22.07.2015 through his Advocate.  After receiving the legal notice, the Opposite Parties have once again visited the Complainant’s house and assured him that they will install the CCTV and other equipments, at earliest and requested the Complainant not to initiate legal proceedings.  Believing the words of the Opposite Parties, the Complainant has provided sufficient time to the Opposite Parties for installation of CCTV and other equipments at the Complainant’s residence, however the Opposite Parties have not turned back to the Complainant or provided services to the Complainant.  Due to negligent act of Opposite Parties, the Complainant has sustained irreparable loss, injury and caused mental agony to the Complainant.  The Complainant submitted that withholding of Complainant’s amount without any justifiable reasons by the Opposite Parties as resulted in unfair trade practice and therefore they have committed an act of deficiency of service.  Hence, this complaint.

3.   Even though notice was served on the Opposite Parties, the Opposite Parties fails to put their appearance, hence placed ex-parte. 

4.      In support of the complainant, the complainant has filed his affidavit by way of evidence.   Heard the arguments of the complainant.  

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties?
2. If so, to what relief the Complainant is entitled?

6.     Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7.     POINT NO.1: On perusing the pleadings along with documents produced by the complainant, it reveals that Opposite Party No.1 is Manager of Eureka Forbes Limited Corporate Office, Opposite Party No.2 is a Manager of Eureka Forges Limited, Divisional Sale Office and Opposite Party No.3 is a Manager Eureka Forbes Limited, Area Sales Office.  The Complainant is residing in H.S.R.layout, Bengaluru and for security reasons, he wants to put CCTV surveillance systems at his residence.  For this purpose he has approached the Opposite Parties and requested them to render this service at the Complainant’s residence by putting CCTV cameras.  At the request of the Complainant the Opposite Parties representative one Sri.Charan Tej, who claims to be the Senior Territory Manager has visited the Complainant’s residence on 07.01.2014.  After verification of the house, the Opposite Parties have suggested the Complainant to install a. DVR-1, b.Cameras 700 tvr-2, c. 1 TB Hard Disc-1, d.5mps Power Supply units-5.   The copy of the order form for cabling and installation of above said items is produced by the Complainant.   As per the installation of Opposite Parties the Complainant has placed the order to purchase the above said items from the Opposite Parties and Opposite Parties have also promised that they will install the said items at the Complainant’s residence.  On 01.07.2014, the Complainant has paid a sum of Rs.30,000/- by way of cheque bearing No.401127 of Vijaya Bank, Indra Nagar Branch, Bengaluru.  The Opposite Parties have presented said cheque through their banker and realized the cheque amount on 13.01.2015.  To substantiate this fact, the Complainant filed his affidavit.  In his sworn testimony, he has reiterated the same and also in support of his testimony, he produced copy of the order form.   Even after receiving the amount of Rs.30,000/- the Opposite Parties have not provided service to the Complainant.  The Complainant personally requested the Opposite Parties to install the CCTV and other equipment’s, but Opposite Parties have not shown any interest in providing service to the Complainant.  On 22.07.2015 through his Counsel the Complainant issued a legal notice to the Opposite Parties.  The said legal notice served to the Opposite Parties on 24.07.2015.  After receiving the legal notice Opposite Parties have once again visited the Complainant house and assured him that they will install the CCTV and other equipment’s at earliest.  The Complainant has provided sufficient time to the Opposite Parties for installation of CCTV and other equipment’s at his residence.  But the Opposite Parties have neither responded nor provided services to the Complainant.  The evidence of the Complainant remains unchallenged.  There is no contra evidence to discard the testimony of the Complainant.  Therefore, it is proper to accept the contention of the Complainant.  Since, the Opposite Party Opposite Parties have withheld the amount paid by the Complainant without valid reason, it amounts to deficiency of service on the part of the Opposite Parties.  Hence, this point is held in affirmative. 

8. POINT No.2:- In view of the finding on point No.1, we proceed to pass the following:

ORDER

The Complaint is allowed holding that there is deficiency of service on the part of the Opposite Parties. The Opposite Parties are directed to refund a sum of Rs.30,000/- to the Complainant along with interest at 15% from the date of payment till realization.  The Opposite Parties are further directed to pay a sum of Rs.15,000/- as compensation and Rs.5,000/- as costs of this litigation to the Complainant.  The Opposite Parties are granted 45 days’ time from the date of this order.  

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 4^th day of November 2016)

        MEMBER                MEMBER                PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

Witness examined on behalf of the Complainant:

1. Sri.D.S.Veeranjaneya, who being Complainant has filed his affidavit.

List of documents filed by the Advocate for Complainant:

1. Copy of the Order form dt.07.01.2014
2. Office copy of the Legal Notice dt.22.07.2015
3. Copies of the postal receipts.
4. Copy of the postal acknowledgements.

Witness examined on behalf of the Opposite Parties:

Ex-parte

List of documents filed by the Opposite Parties:

                          NIL

 MEMBER                          MEMBER                PRESIDENT