| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No. 52 of 02.03.2023 Decided on : 28.02.2024 Seven Elevators, Basti No.6, Baba Jiwan Singh Nagar, Street No.9, Bir Talab, Bathinda, through its Director Farooq Khan aged about 34 years S/o Abdul Gufar Shah. ........Complainant Versus Akshay Lift and Electrical Co.(Specialist in Lift Installation and Maintenance Modification and Electrical Goods), Head Office: Shedno 56, Janta Tea Stal, Reguveer Eastat, Soni Chal, Ajit Mil, Ahemadabad, Now at present Flat No.303 Near Swaminaryan Temple, Kedar Florite, Kankrol, Sabarkantha, Gujrat, 383001, through its Prop./Partner/MD/DM/Incarge/Authorized Signatory Bhupendra Arvind Joshi and Minashi Bhupendra Kumar Joshi. Bhupendra Arvind Joshi Partner of Akshay Lift and Electrical Co. (Specialist in Lift Installation and Maintenance Modification and Electrical Goods), Head Office: Shedno 56, Janta Tea Stal, Reguveer Eastat, Ahemadabad Now Near Swaminaryan Soni Chal, Ajit Mil at present Flat No.303 Near Swaminaryan Temple, Kedar Florite, Kankrol, Sabarkantha, Gujrat, 383001. Minashi Bhupendra Kumar Joshi Partner of Akshay Lift and Electrical Co. (Specialist in Lift Installation and Maintenance Modification and Electrical Goods), Head Office: Shedno 56, Janta Tea Stal, Reguveer Eastat, Soni Chal, Ajit Mil, Ahemadabad Now at present Flat No.303 Near Swaminaryan Temple, Kedar Florite, Kankrol, Sabarkantha, Gujrat, 383001.
.......Opposite parties Complaint U/s 35 of the Consumer Protection Act, 2019 QUORUM Sh. Priti Malhotra, President Smt. Shardha Attri, Member Present : For the complainant : Sh. Naresh Kumar, Advocate. For opposite parties : Ex-parte. ORDER Priti Malhotra, President The complainant Seven Elevators (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Akshay Lift and Electrical Co. and others (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that on the assurance of opposite parties and after settlement, the complainant booked lift parts for Rs.3,65,000/- for installation in the lift for his livelihood and deposited an amount of Rs.3,65,000/- through bank transaction on different dates in the bank account of opposite parties and opposite parties promised that the lift parts will be delivered to him as early as possible. It is further alleged that opposite parties delivered some of the parts of the lift and issued the invoice No.180 dated 5.4.2022 of Rs.1,18,000/- and again promised that they will deliver the remaining parts of lift within 15 days. After waiting for 15 days, the complainant approached opposite parties, but they asked that for manufacturing the parts, they will take some time and will sent the parts of lift after some days. After that, he many times requested opposite parties to deliver the remaining parts of lift, but they kept on lingering the matter on one or other pretext and they did not deliver him the remaining parts of lift. It is further alleged that at last, the complainant approached opposite parties through telephone and requested them either to deliver the parts of the lift or refund the amount of Rs.3,65,000/-, but to no effect. It is also alleged that the complainant got issued the notice to opposite parties, but they did not give him any satisfactory reply and declined his request. On this backdrop of facts, the complainant has prayed for directions to opposite parties to deliver the parts of the lift or refund him the total amount alongwith upto date interest and to pay Rs.2,00,000/- as compensation and Rs.22,000/- as litigation expenses. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against it. In support of the complaint, the complainant has tendered into evidence his affidavit dated 2.2.2023, (Ex.C1) and documents, (Ex.C2 to Ex.C9). We have heard learned counsel for the complainant and gone through the file carefully. Learned counsel for the complainant has reiterated his stand as taken in the complaint as detailed above. We have given careful consideration to these submissions. The case of the complainant is that he booked lift parts for Rs.3,65,000/- for installation in the lift and paid Rs.3,65,000/- to opposite parties. Opposite parties delivered some of the parts of the lift and they did not deliver the remaining parts of lift to the complainant despite his repeated requests. To prove his case, the complainant has produced on record demand draft of Rs.1,18,000/- and receipts of Rs.49,500/-, Rs.30,500/-, Rs.49,500/-, Rs.49,500/- and Rs.31,000/-, (Ex.C2 to Ex.C7) i.e. totaling of Rs.3,28,000/-. At the time of arguments, counsel for complainant has admitted that opposite parties have sent some parts of lift of Rs.1,18,000/- and remaining parts of lift have not been sent to the complainant. As such, opposite parties are liable to refund the remaining amount to the complainant. Opposite parties have not come forward to contest the complaint of the complainant. Therefore, evidence of the complainant attached with sworn affidavit goes unrebutted and unchallanged. Therefore, there is no reason to disbelieve the version of the complainant. We are of the considered view that there is deficiency in services on the part of opposite parties. In view of what has been discussed above, present complaint is partly allowed with Rs.5000/- as cost and compensation against opposite parties. Opposite parties are directed to refund an amount of Rs.2,10,000/- (Rs.3,28,000/- minus Rs.1,18,000/-=Rs.2,10,000/-) to the complainant. The compliance of this order be made within 45 days from the date of receipt of copy of this order. In case of non-compliance within the stipulated period, the interest @ 9% per annum will yield on the amount of Rs.2,10,000/- from the date of order till realization. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced:- 28.02.2024 (Priti Malhotra) President (Shardha Attri) Member
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