FAST ENGINEERS Vs. DEEPSHIKHA KALA SANSTHAN

JUDGEMENT

(1.) The Appellant/OP filed the instant Appeal under Sec. 51 of the Consumer Protection Act, 2019 ('the Act'), against the Order dtd. 15/6/2022 passed by the learned State Consumer Disputes Redressal Commission, Rajasthan ('State Commission') in Consumer Complaint No. 142/2018, wherein the State Commission allowed the Complaint.

(2.) For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.

(3.) Brief facts of the case are that the complainant required installation of a VRF AC system in a building. OP contacted them to install an LG Multi V4 VRF AC System (64 Ton). Pursuant to this, the complainant proceeded with installation and paid Rs.18,50,000.00 to OP. The installation and commissioning of the system were to be completed within six months. On 2/9/2016, OP informed the complainant that all necessary material was received, and the installation would commence shortly. However, despite considerable time passing, OP failed to complete the installation, leaving the equipment packed and unused. Mr. Abhishek Dubey, Area Manager of LG, informed them that the cost of the LG Multi V4 VRF AC System (64 Ton), as per company's price list, was about Rs.10,00,000.00. As a result, the complainant issued a purchase order to LG on 20/4/2017 for installation of an 84-ton AC at another premises for Rs.9,93,157.00, which was also to be installed by the OP. Despite issue of legal notice for non-performance, OP failed to install the AC system. In spite of receiving full payment, OP failed to fulfill their contractual obligation to install the AC. The complainant sought refund of Rs.18,50,000.00 along with interest, compensation and costs from OP.