YUSUF KARIM Vs. DYNA ELEVATORS

JUDGEMENT

(1.) THIS complaint pertains to the defects alleged in the elevator system supplied and installed by the opposite party. The brief facts of the complaint as gathered from the pleadings are that the complainant approached the opposite party for supply and installation of the elevator system to the residential bungalow which was being constructed by him. He required the elevator system as he was suffering from depression problem and could not climb stairs.

(2.) AFTER inspecting his bungalow, the opposite party agreed to supply and instal the elevator for a total sum of Rs 5,80,000. The complainant paid the said amount in four instalments of different figures to the opposite party.

(3.) AFTER the installation of the elevator, it was found that it was not functioning properly. He took up the matter repeatedly with the opposite party who promised to rectify the defect in the elevator but in vain. He did not take any action against the opposite party as he had cordial relationship. The complainant has enumerated the defects in the functioning of the elevator in para 7 of his Complaint and he has also alleged that the elevator suffered from manufacturing defects. The opposite party did not provide him with the service manual and invoice of the elevator despite repeated requests for the same. Due to the mal -functioning of the elevator, the complainant had to face lots of hardship and embarrassment as sometimes his guests and clients got stuck in the elevator. When the opposite party informed the Complainant that certain buttons were required to be obtained from abroad he procured the same for him but the opposite party did not replace the buttons on the pretext that they were smaller in size and neglected to replace the buttons with the local made buttons.