BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.259/2022

DATED ON THIS THE 21^st FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDER’s Delivered by Sri B.NARAYANAPPA,

                                                               PRESIDENT

On 08.07.2021, the complainant approached OP referred by Mr. Swamy, Architect for the purpose of installing a lift in his residential property.The total cost of installing a lift was proposed to be Rs.8,50,000/-.On 12.07.2021, the complainant had paid Rs.2,00,000/- to OP by way of cheque bearing No.524247 drawn on Canara Bank, Arekere Gate Branch.After payment of the advance amount, the OP company came to the residential property of the complainant with a few frames for the lift installation and took Rs.1,00,000/- by way of cheque bearing No.524258 dated 13.10.2021 stating that, they need the amount for materials.Again on 21.02.2022, the complainant paid a sum of Rs.1,50,000/- to OP by way of cheque bearing No.653782 drawn on Canara Bank, Arekere Branch.But the OP did not respond to the calls or messages of the complainant for a continued period of five months which hindered the construction activities of the building of the complainant and construction work has been hampered. He tried to contact the OP over phone but, they were not responding.Therefore, he was unable to meet the OP.One day, he met the OP and the OP told that, the selected cabin design is now not possible to deliver.After discussion, OP informed that, extra amount has to be paid for cabin design. Thereafter, the OP avoided to get in touch with the complainant by giving false reasons.Therefore, on 18.06.2022 he went to lodge a complaint against OP.The Sub-Inspector called the OP personal who requested him not to give complaint and sought 10 days time to finish the whole work of installing the lift and also the OP assured that, the selected cabin design will be installed.But, after 10 days there was no response from the OP side. One day, the OP called him and sent lift motor on 30.07.2022.The complainant told the OP that his residential warming function will be scheduled on 14.08.2022.On 30.07.2022 one Mr. Rakesh came to his residence and asked him to pay Rs.1,00,000/-, he paid the said amount in cash.On 04.08.2022, the said Rakesh visited his residence and requested to pay Rs.50,000/-, he paid the said amount in cash.On 06.08.2022, the said Rakesh also received Rs. 1,50,000/- by way of cash assuring to install the lift.On 08.08.2022, the OP showed the manufactured doors through Whatsapp video call and also shown truck loaded with doors materials through video call and insisted to pay Rs.35,000/-, and he paid the said amount through Google pay.On 10.08.2022 the said Rakesh said that the lift cabin and the whole set of doors are ready, but he had to face loss due to wrong door measurements.Therefore, he requested to transfer Rs.37,800/-, he paid the said amount, to get installation of the lift done for senior citizens to attend the house warming ceremony but, the OP failed to install the lift and he received a call from a person namely Mahesh of OP company, who told that Mr. Rakesh has been absconding by taking an amount of Rs.20,00,000/-.Therefore, the OP company has filed FIR against the said Rakesh.Totally the complainant had paid Rs.8,82,800/- but, the OP failed to install the lift.Therefore, it is alleged the deficiency in service on the part of OP.Hence, this complaint is filed.

5. our consideration are as under

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby he is entitled to the reliefs as sought for?
2.  What order?

      Point No.1 :- Partly in the affirmative.

      Point No.2 :- As per final order

                          for the following

:: R E A S O N S ::

7.         Point No.1:- It is specific contention of the complainant that, he approached the OP i.e., Gold Jaguar Lifts on 08.07.2021 for installation of lift in his residential house which is under construction and the total cost of installation of the lift was proposed to be Rs.8,50,000/-.Out of which, the complainant paid total sum of Rs.8,22,800/- and the house warming ceremony was scheduled to be held on 14.08.222.Though the OP by receiving a sum of Rs.8,22,800/- from thecomplainant, promised to install the lift to the house of the complainant, but inspite of repeated requests and demands made by the complainant, the OP failed to install the lift in the house of the complainant and gave false assurance and ultimately the OP failed to install the lift in the house of the complainant as agreed by the OP company.

8. Therefore, we are of the considered view that, the complainant has proved that, the OP has committed deficiency in service on the part of OP.  Hence, we answer point No.1 partly in the affirmative.

9. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint of the complainant is hereby allowed in part.

2. The opposite party is hereby directed to install the lift in the house of the complainant by receiving amount due if any from the complainant within two months from the date of this order, failing which the OP shall pay penalty of Rs.100/- per day till installation of the lift in the house of the complainant.

3. Further, opposite party is hereby directed to pay Rs.25,000/- towards compensation for mental agony caused to the complainant and Rs.3,000/-  towards cost of the litigation to the complainant within 2 months from the date of this order.  Failing which, the compensation of Rs.25,000/- + cost of litigation Rs.3,000/- totally R.28,000/- shall carry interest at 10% p.a. till payment.

4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.

5. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 21^st February 2023)