IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /91/2015.

 Date of Filing: 17.07.2015.                                                                                              Date of Final Order: 07.06.2016.

Complainant: Goutam Kundu, S/O Late Tarapada Kundu, 17/B, Rejaul Karim Sarani,

                        P.O.&P.S. Berhampore, Dist. Murshidabad. Pin-742101.     

-Vs-

Opposite Party: Y.M. Elevator Mushapur (Gangarampur Bazar), Rep. Nazir Ahmed Khan,

                          P.O. Kaijuri, P.S. Uluberia, Dist. Howrah, Pin-711315.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

 The instant complaint has been filed by the complaint u/s 12 of C. P. Act, 1986 praying for passing order directing the OP to install the lift as per Deed of Agreement made on 14.07.2011 or to return the entire advance amount to Rs.3, 30,000/- together with interest accrued thereon and also to pay a sum of Rs.50, 000/- for harassment cost and Rs.50, 000/- for mental pain and agony.

The complainant’s case, in brief, is that the complainant constructed a multistoried building and engaged the OP for installation of a Lift at a price of Rs.3.80 lacs as per agreem4nt dt. 14.7.2011 . The complainant paid Rs.3.30 lacs for installation of the said Lift on demand time and requested repeatedly for installation but in vain and ultimately, on 01.07.2015 the OP refused to do the said work. The only completed the door frame of the Lift. The complainant then filed the complaint for completion of the work or to refund Rs.3.30 lacs already paid with interest and compensation cost.

This case has been taken for hearing ex parte as the OP has not turned up in spite of receiving the notice.

                                                 Decision with Reasons.

The complainant is praying completion of installation of Lift or to refund Rs.3.30 lacs already received towards price for installation of Lift along with interest and compensation and cost.

The complainant’s main case is that the OP agreed to install a Lift in the building constructed by the complaint at a price of Rs.3.80 lacs as per agreement and the complaint already paid Rs.3.30 lacs for the purpose from time to time on demand but OP has completed only door frame of the Lift and in spite of several request ultimately on 01.7.15 the OP refused to install the Lift.

This case has been taken up for hearing ex parte.

The notice has been duly served upon the OP but he has not turned up in spite of receiving the same personally by putting his signature on the A/D Card.

To prove the case the complainant has adduced evidence on affidavit and relevant documents in support of his case.

He has filed the agreement dt. 14.7.2011 of Lift or refund of Rs.3.30 lacs already paid for the purpose along with interest and compensation cost.

From the agreement dt. 14.7.2011 it appears that validity of this agreement is 52 weeks and this period has already been expired a long back although last receipt towards payment on 19.11.14 for Rs.60, 000/-.

After payment of said Rs.60, 000/- on 19.11.14 the complainant has claimed that on demand of the OP, the complainant further paid Rs.70, 000/- but he has failed to furnish any receipt in respect of such payment. Even the complainant has not mentioned the date of such payment either in the complaint or in his evidence –on-affidavit.

Also, there is no document showing extension of the period of agreement.

Further, from the date of last payment of Rs.60, 000/- as per receipt dt. 19.11.14 it is clear that the validity of the agreement has been expired as per agreement dt. 14.7.2011.

Accordingly, at present there is no scope to implement the agreement for installation of the Lift and as such the complainant is entitled to get refund of the am0unt already paid as established by the documents which comes to Rs.2.60 lacs.

The complainant has filed the following receipts:-

1.      Receipt dt. 14.7.2011 for Rs. 1 lac.

2.      Receipt dt. 03.03. 2014 for Rs.1 lac.

3.      Receipt dt. 19.11.2014 for Rs.60,000/-.

Considering the above discussions we find that the complainant is entitled to get refund of Rs.2.60 lacs along with interest @ 7% p.a. from the date of filing of this complaint till realization.

            According to settled principle the complainant is not entitled to get interest and compensation together at a time.

            Considering the facts and circumstances of this particular case the complainant is not entitled to get any award as to cost.

            Hence,

                                                                       Ordered

that the Consumer Complaint No. 91/2015 be and the same is hereby allowed  in part ex parte without any order as to cost or compensation.

            The complainant is entitled to get refund of Rs.2.60 lacs along with interest @ 7% p.a. from the date of filing of this complaint (17.07.15) till realization.

            The OP is directed to pay Rs.2.60 lacs along with interest @ 7% p.a. from the date of filing of this complaint till realization, to the complainant within two months from the date of this order failing which the OP is to pay Rs.100/- as fine for each day’s delay and the amount so accumulated shall be deposited in the State Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

        Member                                           Member                                                             President