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ADDITIONAL BENCH

BEFORE THE TELANGANA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION: HYDERABAD.

F.A. No.32/2021

AGAINST ORDERS IN

CC.No.34/2019

ON THE FILE OF DISTRICT

CONSUMER FORUM-I, HYDERABAD

Between:

Mr. K. Upender, S/o. Late. K. Narasaiah,

Aged about: 52 years, Occ: Business,

R/o. H.No.1-2-607/32/75, NTR Stadium,

Indira Park, Hyderabad.

….Appellant/Complainant

And

1. Kamai Elevators (P) Ltd.,

Having Branch Office at Flat No.102,

Veena Apartments, Opp: Wellness Hospital,

Dharma Karma Road, Ameerpet,

Hyderabad – 5000016, Rep. by its

Managing Director.

2. Kamai Elevators (P) Ltd.,

Corporate Office at Block AM 15,

Plot No.2976C, 14^th Main Road,

Shanthi Colony, Anna Nagar,

Chennai – 600040, Rep. by its

Managing Director.

…Respondents/Opp.Parties

Counsel for the Appellant/Complainant : M/s. V. Shiva Kumar

Counsel for the Respondents/Opposite Parties: Respondents Remained

absent

QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL)

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL)

MONDAY, THE TWENTY NINETH DAY OF DECEMBER,

TWO THOUSAND TWENTY FIVE

ORDER: (PERHON’BLE SMT. R.S. RAJESHREE, MEMBER, N-JUDICIAL)

1. This appeal is filed U/s.41 of the Consumer Protection Act,

2019, Complainant being aggrieved by the dismissal of his complaint

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by the District Consumer Commission-I, Hyderabad, vide order

18.11.2020 in CC No.34/2019.

2. For the sake of convenience the parties are described as

complainant and opposite party as arrayed in the complaint.

The case of the Complainant is that he has placed an order with

Opposite Parties for installation and erection of lift at his premises.

The Opposite Parties inspected the Complainant’s building and after

verifying its eligibility and fitness, had agreed to install the lift. On

08.04.2017 the Opposite Parties have installed the lift at the

Complaint’s premises after receiving the cost of the lift, erection

charges and other incidental charges along with annual maintenance

charges for the year 2017-18. That in the month of September, 2017,

the mother board of the lift got damaged due to which the lift would

stop frequently midway. The said fact was informed to the Opposite

Parties upon which the technicians of the Opposite Parties visited the

Complainant’s building and advised to change the mother board. As

such, the mother board was changed by the Opposite Parties and as

the same was within the AMC period the Opposite Parties have not

charged for the same.

However, on 08.04.2018 the changed mother board also got

damaged and the same was informed to the Opposite Parties. Upon

which the technical team of the Opposite Parties had inspected the lift

and advised the Complainant to get a stabiliser installed and to close

the minute opening of the lift room. And further directed the

Complainant to take the AMC as the earlier AMC has expired. As such,

having no other alternative the Complainant had taken the AMC for

period commencing from 16.04.2018 to 24.04.2019 by paying a sum of

Rs.43,000/- and also purchased the stabilizer by paying a sum of

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Rs.27,140/- and on the specific instructions of the technicians of the

Opposite Parties though the mother board was changed on 24.04.2018

the Complainant started to use the lift only after getting the stabilizer

installed on 30.04.2018. However, after a lapse of just 10 days i.e., on

08.05.2018 the lift again got stuck in ground floor and was not moving

from the ground floor. As such, once again the Opposite Parties were

informed and the technician after inspection had informed that the

mother board has got damaged. But, however, the Opposite Parties did

not choose the change the mother board despite several requests. As

such, the Complainant was compelled to get the lift rectified by

replacing the mother board by private technicians for which the

Complainant had incurred an expenditure of Rs.90,000/-. That the

Opposite Parties had supplied defective mother boards and also were

deficient in their services by not replacing the mother board despite

the AMC was still in subsistence and the