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V.K.JAIN
KONE ELEVATOR INDIA (P) LTD. 50, VANAGARAM ROAD, AYANAMBAKKAM, CHENNAI - 600095 TAMIL NADU – Appellant
Versus
SAKET MEDICAL AND RESEARCH CENTRE (PVT. ) LTD. SECTOR-10, MEER BAGH, AGGARWAL FARM, MANSAROVER JAIPUR RAJASTHAN – Respondent


Advocates Appeared:
Kapil Kher with Anisha Mahajan, Advocates, for the Appellant; Rakesh Kumar with Manish Kumar and Ansar Ahmad Chaudhary, Advocates, for the Respondent

ORDER

V.K. Jain, (P.M) - The complainant/respondent which is a Private Limited Company got installed two lift stretcher and passenger lift from the petitioner company for a consideration of Rs. 10,35,000/-. According to the complainant, though both the lifts were to be made operational by March, 2007, one lift was installed in July, 2007 whereas the installation of the stretcher was not completed even till December, 2007. Being aggrieved, the complainant approached the concerned District Forum, seeking compensation from the petitioner company, along with interest on the amount paid to it.

The complaint was resisted by the petitioner; inter-alia on the ground that the complainant being a commercial establishment and having purchased the lift for commercial purpose was not a 'consumer' and therefore, the complaint was liable to be dismissed. The delay in installation of lift was attributed by the petitioner to the complainant.

2. The District Forum vide its order dated 26.3.2014, directed the petitioner to pay Rs. 51,000/- to the complainant as compensation, along with cost of litigation quantified at Rs. 11,000/-. It was further held that since the petitioner had committed delay in i

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