BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of January 2014
Filed on : 16-10-2012
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member
CC.No.649/2012
Between
Kallelil Business Enterprises (P) Ltd. : Complainant
Market road, Kochi-35, (By Adv. K. Shri Hari Rao,
rep. by its General Manager, Room No. 8D, IInd Floor,
Mansoor Kallellil, Jewell Arcade. Layam Rroad,
Kochi-682 011)
Vs
1. Nimbus India Brand Elevators : Opposite parties
And Escalators,
Rep. by its Managing Partner, (absent)
M.J. Sebastian, S/o. MB Joseph,
Maliakal house, Pradeesha Nagar,
Thoppumpadi, Kochi-682 005.
2. Sebastian, Managing Director,
Steel Bird,
Elevators and Electricals (P) Ltd.,
Cochin. Res. At Maliakal house,
Pradeesha Nagar,
Thoppumpadi, Kochi-682 005.
O R D E R
Beena Kumari V.K., Member.
The case of the complainant is as follows:
The complainant is a private limited company engaged in the sale of ready made garments and the 1st opposite party is a partnership firm dealing with the supply, erection and maintenance of lift, Elevators and 2nd opposite party is the managing partner of 1st opposite party. For starting a new textile out let at Chendamangalam Jn. The opposite parties approached the complainant and submitted a quotation and on 28-04-2010 the complainant entered into an agreement with the opposite parties with regard to the supply erection and maintenance of G+3 (4 landing) lift for a total cost of Rs. 5,25,000/- with a free warranty period of 2 years. The opposite party agreed to deliver the lift within a period of 45 days failing which the opposite parties agreed to pay 10% of the invoice value for a week as compensation to the complainant. The lift was installed by the 1st opposite party but the lift was not working to the satisfaction of the complainant. The complainant informed the opposite parties several times through e-mail, phone and letters from 11-10-2011 to 30-11-2011 about the faulty nature of lift. After repeated requests the opposite parties agreed to repair the lift. An agreement for repair was entered into between the complainant and 2nd opposite party on 24-01-2012 wherein the opposite parties agreed to get the NOC from the electrical Inspector certifying safety of the lift and admitted that he had already received Rs. 5,24,500/-. The opposite parties failed to keep their promise and the complainant sent a legal notice dated 21-05-2012 to the opposite parties requesting them to cure the defects of the lift. The said notice was returned with endorsement that “addressee left”. Hence the complainant filed a complaint before the C.I. of North Parur police station on 16-06-2012. Subsequently, filed this complaint before this Forum seeking direction from this Forum
a) to compensate the expenses incurred to make the lift operative of
Rs. 1,65,000/-.
B) to pay an amount of Rs. 1,00,000/- towards compensation for the
mental agony suffered and inconvenience caused to the
complainant.
c. to pay Rs. 5,000/- to the complainant towards the cost of getting
certificate from the Electrical Inspector, Trivandrum regarding the
safety of the Lift
d. to pay costs of proceedings.
2. The complainant adduced documentary evidence marked as Ext. A1 to A9 & C1. The opposite party chose to remain absent during the several postings made by this Forum. No evidence either oral or documentary, produced by the opposite party. The counsel for the complainant was heard.
3. The points to be decided in this case are as follows:
i. Whether the complainant is entitled to get Rs. 1,65,000/- incurred
towards the repairing charges of the lift or not?
ii. Whether the complainant is entitled to get expenses Rs. 5,000/-
towards expenses incurred for getting the safety certificate from the
electrical Inspectorate, Thiruvananthapuram?
iii. Whether the complainant is entitled to get Rs. 1,00,000/- towards
compensation for the mental agony suffered or not?
iv. Whether the complainant is entitled to costs of proceedings or not?
4. Points No.(i) The complainant entered into an agreement with the opposite parties with regard to the supply, erection maintenance of G+3 (4 landing) lift on 28-04-2010. The total price for installing the lift including 2 years free maintenance warranty is fixed at Rs. 5,25,000/- and the delivery period was 45 days. Accordingly 1st opposite party agreed to supply VVVF drive manufactured by YASKAWA JAPAN and Infra Red Full Screen door safety manufactured by T.L. Johns. After expiry of 2 years warranty the 1st opposite party also offered Annual maintenance service for Rs. 800/- per month. It was also agreed that 10% of the invoice value payment will be handed over only against successful erection and error-free running with mandatory certification from the Electrical Inspectorate. The 1st opposite party commissioned one number of passenger lift at Charutha Silks, Parur, but from the beginning itself the working and service of the lift was not satisfactory. The complainant informed the 1st opposite party vide letter dated 11-10-2011 about the above fact and also reminded opposite party of obtaining safety certificate from Electrical inspectorate. On repeated requests through letters (Ext. A3 ) and Emails Ext. A4 the opposite party agreed to repair the lift vide agreement dated 24-01-2012. In the above agreement the 1st opposite party acknowledged the receipt of Rs. 5,24,500/- from the complainant. However the 1st opposite party failed to comply with the terms and conditions in the agreement dated 24-01-2012. The complainant therefore caused a lawyer notice dated 21-05-2012 as evidenced by Exbt. A6. The said notice was returned unserved with an endorsement “addressee left”. Hence the complainant filed a cheating case before the C1 of Police North Parur. At the instance of the comoplainant an expert commissioner was appointed by this Forum and the expert commissioner vide his report Exbt. C1 dated 15th July 2013 stated that an amount of Rs. 326400/- is required for repairing and making the lift operative. The complainant sought permission of the Forum to effect repairs of the lift in I.A. No. 648/2012 and vide order dated 16-08-2013 the complainant was allowed to repair the lift. The repair work was done by Sky elevators and Escalators, Moothakunnam, N. Parur who quoted the Lowest amount of Rs. 1,65,000/- the claim of the above amount is accepted and allowed.
5. Point No.ii. NOC from the electrical Inspectorate, Trivandrum certifying the safety of the lift is mandatory. Hence we allow Rs. 5,000/- expended by the complainant for getting the same.
6. Point Nos. iii & iv. The lift installed by the 1st opposite party became faulty and the above fact was intimated to the 1st opposite party several times by the complainant. But the 1st opposite party did not care to repair the lift installed by him. This amounts to deficiency in service on the part of the 1st opposite party which calls for compensation. But in this case the complainant is a legal person. A Natural person alone is entitled to compensation for mental agony. We refrain from awarding compensation. However we allow
Rs. 1,000/- towards costs of proceedings.
4. In the result, we partly allow the complaint and direct that the opposite parties shall pay Rs. 1,65,000/- to the complainant towards compensation for loss suffered for repairing the lift installed by the 1st opposite party. The opposite parties shall also pay Rs. 5,000/- for the expenses incurred for getting the certificate from the Electrical Inspectorate Trivandrum, and Rs. 1,000/- towards costs of proceedings to the complainant.
The above order shall be complied within 30 days of receipt of a copy of this order, failing which, the amount would carry 12% interest p.a. from the due date of payment till realization.
Pronounced in the open Forum on this the 31st day of January 2014.
Sd/-
Beena Kumari V.K., Member.
Sd/-
A. Rajesh, President.
Sd/-
Sheen Jose, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits
Ext. A1 : Copy of agreement
A2 : Copy of letter dt. 23-07-2010
A3 : Copy of letter dt. 11-10-2011
A4 : Copy of G-mail dt. 30-11-2011
A5 : copy of agreement dt. 24/01/2012
A6 : Copy of notice dt. 21-05-2012
A7 : Undelivered cover
A8 : Copy of letter dt. 16-06-2012
A9 : Copy of letter dt. 28-09-2012
C1 : Commission Report dt. 15-07-2013
Opposite party’s exhibits: Nil
