Haryana

Ambala

CC/292/2013

PUNJAB NATIONA BANK - Complainant(s)

Versus

VIKAS MONGA PROP. - Opp.Party(s)

Ashwani Nandra

16 Jun 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                        Complaint case no.  : 292 of 2013

                                                                        Date of Institution    : 12.11.2013

                                                                        Date of decision       : 16.06.2017

 

Punjab National bank Branch DAV College Ambala City through its Manager/office Sh. Mangat Ram.  

……. Complainant.

 

 

Vikas Monga Proprietor of Monga Refrigeration, Shop No.5 Palika Vihar, Ambala City.  

 

 

 ….…. Respondents.

 

BEFORE:       SH. D.N. ARORA, PRESIDENT

                        SH. PUSHPENDER KUMAR, MEMBER             

                        MS ANAMIKA GUPTA, MEMBER         

 

Present:          Sh. Ashwani Kumar Nandra, counsel for complainant.

                        None for OP.

 

ORDER:

                        In nutshell, brief facts of the present complaint are that the complainant - bank has engaged the OP for providing service and repair the air conditioners installed in the premises of complainant-bank. Further submitted that OP had repaired and provide service to Air Conditioners and obtained Rs.16150/-, 17900/- and Rs.9400/- as their service charges which were received by them on 25.04.2013. Further submitted that OP has assured that if there would be any problem in that event he will provide services free of costs within Six months from the day of repair/services provided by the OP. Even after the service and repair done by the OP, the air conditions are not functioning properly and a complaint in this context has been made to the OP with a request to get it further repaired to keep all the Air Conditioners in proper working and in the month of June-2013 the OP have checked the Air conditioners and assured to get it further repaired within a short time but inspite of repeated request on the part of the complainant-bank, the OP did not provide further service to get the entire instruments in proper working condition, then the complainant-bank had left no option except to get all the Air Conditions further repaired from M/s Tushar Electrical Works on payment of Rs.26470/- on 25.07.2013. So, there is a deficiency on the part of OP. The complainant-bank is demanding refund of Rs.43450/- alongwith interest @ 18% per annum from the day of his default time. Hence, the present complaint.

2.                     Upon notice, OP appeared and filed written statement submitting that it is correction that the PNB had engaged the OP for installation of the Air Conditioner. It is also to mention here that Mr. Vastav was Manager of PNB, DAV College Road, Ambala City in the year 2012 and 2013 and Mr. Vastav approached the OP that the renovation work in the bank has been going on and all the Air Conditioners of the bank were un-installed by the labourers who were doing the renovation work. All dust etc. were going on in all the air conditioners and all the pipes etc. of the air conditioner were left open subject to dust etc. then after seeing this, the Op told Mrs. Vastav replied that as per bank rules, they could not purchase new air conditioners and they have to install these air conditioners and he requested the OP to repair it and install it.  Further submitted that bill number and mode of payment has not been mentioned by the complainant and it is pertinent to mention here that air conditioner were installed and in some air conditioner pipes were installed, gas was filled, compressor were changed, but warranty has been given on those parts by the company and no by the OP but the complainant has not made party to the company of those spare parts. Further submitted that all the air conditioners were repaired by the OP but as mentioned above all the air conditioners were already in very bad condition. Again the bank has released the amount of bills after fully satisfied. Further submitted that no such agreement was ever made between the complainant and the OP and no document has been supplied with regard to payment of Rs.26470/- to M/s Tushar Electrical Works. So, OP has prayed for dismissal of the present complaint.

3                      To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-8 and close his evidence. On the other hand, counsel for the OP has not produced any single evidence since 09.12.2016 after availing several effective opportunities and same is closed by Court order v.o.d. 17.02.2017.

4.                     We have heard learned counsel for the complainant and carefully gone through the case file. The main grievance of the complainant-bank is that they have given the order for repair the all Air Conditioners in the premises of the bank DAV College Ambala City and paid the repaired charges amount of Rs.43450/- on 24.05.2013 to the OP as per Annexure C-1 to C-3 but after repairing of the same, air conditioners were not working properly. Counsel for complainant-bank has further argued that inspite of repeated request on the part of the complainant-bank, the OP did not provide further service to get the entire instrument in proper working condition. Counsel for complainant has further argued that OP failed to provide proper service for getting the entire instrument in accurate working conditions and then the complainant-bank had left no option except to get all the Air Conditioners repaired from M/s Tushar Electrical works on payment of Rs.26470/- on 25.07.2013 as per Annexure C-4. We have perused the Annexure C-1 to C-3 bills which was issued by OP, it is clearly mentioned that air conditioners were repaired by the OP and the version of complainant-bank duly supported by affidavit of Sh. Mangat Ram, Manager/Officer of PNB Branch DAV, College Ambala City (Annexure C-X) reveals that the repaired air conditioners has again started giving the same problems within short period i.e. two months and complainant-bank has to get repaired from another electrical shop i.e. Tushar Electrical Work for sum of Rs.26470/- vide bill No.26 dated 24 July 2013 as per Annexure C-4.

                        On the other hand, OP did not produce even any single evidence in support of his case and same is closed by Court order v.o.d. 17.02.2017. Thus the OP is negligent in rectifying the problems of ACs in question. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. In this regard reliance has been placed upon the law cited in III(2008) CPJ 98 titled Pahnawa Boutigue & Anr. Shaifi Verma whereby Hon’ble Haryana State Commission, Panchkula has held that: “complaint fully supported by affidavit- no basis to reject complainant’s version-OP failed to context proceedings despite notice- order of Forum allowing the exparte complaint upheld” and as per judgment 1998 (3) CCC 65 (P&H) Hon’ble Punjab & Haryana High Court in Sardari lal Vs. Kartar Singh & ors. has held that: Non-appearance of a party as a witness in the suit-gives rise to a strong presumption against him”.

5.                     In view of above discussion, the present complaint is hereby allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)        To refund amount of Rs.38200/- repair charges of ACs  as per Annexure C-1 to C-3 along with interest at the rate of 9% per annum from the date of complaint till its realization.

 (ii)      Also to pay a sum of Rs. 3,000/- on account of mental harassment & agony alongwith cost of litigation.

                        Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :16.06.2017                                                               Sd/-

                                                                                                   (D.N. ARORA)

                                                                                                          President

 

                                               Sd/-

                          (PUSHPENDER KUMAR)

                                                                                                          Member

 

                                                                                                    Sd/-

                                                                                    (ANAMIKA  GUPTA)

                                                                                                         MEMBER