C P SALUJA AND ASSOCIATES Vs. VOLTAS LTD

JUDGEMENT

(1.) The complainant is a Private Limited Company engaged in Project Management, Architecture and Consultancy services. Under an agreement entered into between the complainant and M/s. Voltas Ltd. , opposite party, the opposite party agreed to undertake air-conditioning work at the office of M/s. Centre for Research and Environment, Economic and Development, hereinafter referred to as CREED, at their office 118, Shahpur Jat, New Delhi for a consideration of Rs.3,98,300/-. Payment of the amount was made by the complainant and the opposite party installed the air-conditioning system consisting of four 3 ton split ACs etc. The system, however, failed to work satisfactorily. The office of M/s. CREED brought the shortcomings to the notice of the complainant who, in turn, took up the matter with the opposite party but they failed to take any action. It was only at the end of the summer season that in September, 1997 Mr. Sunil Anand from the office of the opposite party visited the office of CREED and promised to rectify the defects on 15.9.1997. Instead of rectifying the defects the opposite party wrote a letter dated 26.9.1997 to the complainant to recalculate the heat load once again and to install atleast one more 3 ton air-conditioner. This was followed by another letter dated 13.11.1997 directly to the complainant's client M/s. CREED who sent a copy of the same to the complainant. The complainant claimed Rs.3,98,300/- paid to the opposite party besides 10% fee which the complainant charged for providing the aforesaid services and Rs.2,25,000/- on account of harassment and expenses actually incurred as per details in para 15 of the complaint.

(2.) In response to notice sent by the Commission Mr. Vinod Kumar and Mr. Sunil Anand, authorised representatives of the opposite party appeared on 20.4.1998 and were given time for filing written version on 8.5.1998. On 8.5.1998 Mr. Pramod Sharma, Advocate appeared for opposite party and he was given further time for filing written version, which was not filed even on the adjourned date namely 13.7.1998. None appeared for the opposite parties thereafter. The complainant filed affidavit of Mr. C. P. Saluja, Managing Director of the complainant Company.

(3.) We have heard Mr. R. S. Kwatra, learned Counsel for the complainant and have gone through the records.