OMEGA ELEVATOR Vs. C K PAMECHA & ORS

JUDGEMENT

(1.) Challenge in this Revision Petition under Sec. 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 17.05.2007 passed by the Rajasthan State Consumer Disputes Redressal Commission (in short "the State Commission") in First Appeal No. 2197 of 1998. By the impugned order, the State Commission concurred with the finding of the District Consumer Disputes Redressal Forum, Udaipur, Rajasthan (in short "the District Forum"), and only modified the order of the District Forum to the extent of reducing the rate of interest from 18% p.a. to 9% p.a.

(2.) The facts, in brief are that the Complainant placed an order with M/s Omega Elevators for the supply of one hospital lift at a cost of Rs. 1,65,000.00 with the following terms:

(3.) A demand draft for Rs. 16,500.00 dated 31.10.1991 was sent as confirmation regarding the price of the lift, which was duly acknowledged by the Opposite Party and a letter dated 03.11.1991 was also issued. A proforma invoice dated 16.12.1992 was also issued for the supply of elevators. The Opposite Party informed the Complainant about the readiness to supply the elevators through bank vide their letter dated 07.01.1994 and requested the Complainant to send the name of the transporter which was informed vide letter dated 06.03.1994. For the prompt release of the payment to the Company, the proprietor telephonically asked the Complainant to send the letter of assurance from the financer, who has financed the hospital project. Accordingly, Rajasthan Financial Corporation issued a letter dated 06.03.1994. Thereafter, despite several requests, the lift was not supplied. The delay in supply of lift led to a lot of physical and mental agony since the Complainant is a Hospital and the patients have to be carried on stretchers to the upper floor, where time and convenience was affected. Vexed with the attitude of the Opposite Party the Complainant approached the District Forum seeking direction to the Opposite Party, to install the Elevator as per the specification without any delay and also pay Rs. 1,50,000.00 towards compensation and Rs. 1,000.00 towards costs.