West Bengal

Bankura

CC/5/2024

Sri Sasadhar Mandal - Complainant(s)

Versus

Sri Chnachal Singh - Opp.Party(s)

Ajay Chattopadhyay

05 Jul 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.05/2024

       Date of Filing:  05/01/2024

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:Ld. Advocate Sandip Chakraborty

For the O.P.: None

 

Complainant:

Sri Sasadhar Mandal,C/O-Lakshmi Mandal,R/O-Chandmaridanga,behind WBFC office, Bankura,P.O&P.S&Dist-Bankura,Pin-722101,Mob-9435717504

Opposite Party:

Sri Chnachal Singh,S/O-Late Rameswar Singh,Proprietor/Owner of Addrita Engineering Works,Near D.A.V School ,Bikna,P.O-Keshiakole,Dist-Bankura,Pin-722155

FINAL ORDER / JUDGEMENT

Order No.09

Dated:05-07-2024

Complainant files hazira through advocate.

No step is taken by the O.P. who is found absent on repeated call nor any written version is filed within the statutory period.

The case is taken up for Ex-parte hearing.

The Complainant’s case is that he is the owner of a three storied building and he wanted to install a domestic lift in his house for ease of his living and accordingly contacted with O.P. after being allured by the advertisement who assured the Complainant to install the domestic lift at the cost of Rs.3,60,000/-.  On 10/03/2023 the O.P. signed a Quotation and Booking Form agreeing to install the domestic lift in the house of the Complainant on condition of advance payment of booking amount of Rs.1,80,000/- and the balance amount will be paid after installation.

As per this agreement O.P. received Rs.25,000/- on 10/03/2023, Rs.99,000/- on 15/03/2023 and Rs.56,000/- on 16/03/2023 totalling Rs.1,80,000/- by putting his own signature on the said Quotation and Booking Form. The Complainant further paid Rs.5,000/- and thereafter Rs.8,000/- to the O.P. towards pre-installation cost. Initially the O.P. started to execute the work by installing Car Guide Rails with Guide Rail Fixing Brackets, the iron structure of Elevator Car and one tension pully. After completion of such initial work the O.P. avoided to

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complete the installation of domestic lift as agreed upon by and between the parties and finding no other alternative the Complainant sent legal notice to the O.P. for execution of the installation of the domestic lift but of no avail. The O.P. has left the installation work incomplete leaving the Complainant in great trouble to enjoy his own house as before. The Complainant has therefore approached this Commission for refund of Rs.1,93,000/- with compensation and litigation cost.

The Commission has gone through the petition of complaint and all the relevant documents on record. It appears from the Quotation and Booking Form on record that the O.P. received Rs.1,80,000/- under his own signature but there is no proof on record regarding the subsequent payment of Rs.5,000/- + Rs.8,000/- totaling Rs.13,000/- towards pre-installation cost. There is also no proof on record as to the damage of the house of the Complainant for execution of such work in part. But it is natural to assume that initial execution of installation of the domestic lift has caused building damage to some extent for which the O.P. has to compensate the same by payment of Rs.50,000/-. Though the execution of work is left undone but the agreement between the parties is still open and as such the O.P. is bound to fulfill his promise by installation of the domestic lift in the house of the Complainant on payment of the contractual amount if the Complainant so desires and otherwise the O.P. is entitled to take back the materials already installed for this purpose.

The Complainant is therefore entitled to get Rs.1,80,000/- with compensation of Rs.50,000/- from the O.P..  The O.P. is at liberty to complete the installation work of domestic lift in the house of the Complainant in the manner as directed above.

 

Hence it is ordered…….

That the case be and the same is allowed Ex-parte against the O.P. but without cost.

O.P. is directed to Pay to the Complainant Rs.1,80,000/- with compensation of Rs.50,000/- within a month from this date and on payment of the decretal amount the O.P. will remove the materials already installed for the purpose of domestic lift at his own cost and expenses in default law will take its  own course.

It is open to both parties to resume execution work of installation of domestic lift in the house of the Complainant in terms of the agreement as described in Quotation and Booking Form.

Both parties be supplied copy of this Order free of cost.

 

  ____________________                _________________         

HON’BLE   PRESIDENT            HON’BLE MEMBER