STATE CONSUMER DISPUTES REDRESSALCOMMISSION,ODISHA,CUTTACK

FIRST APPEAL NO. 93 OF 2019

(From an order dated 08.3.2019 passed by the District Forum,

Dhenkanal in C.C. No. 94 of 2017)

1. Manager, EURO VIGIL,

Electronics Security Solutions,

Eureka Forbes Ltd.,

At – Surya Bihar, Link Road,

(Near Nishamani Talkies), Cuttack

2. EURO VIGIL, Electronics Security Solutions,

Eureka Forbes Ltd., At – Bharati Tower Block - A,

Ground Floor, Forest Park. Bhubaneswar

3. EURO VIGIL, Electronics Security Solutions,

Eureka Forbes Ltd., Regd. Office

At – 7,Chakraberia Road ( South),

Kolkata – 700025

4. EURO VIGIL, Electronics Security Solutions,

Eureka Forbes Ltd, Service Headquarter:-

Schedule No. 42, P-3/C,

Munishware Layout, Haralukunte, Kudlu,

Bangaluru – 560068

The appellants are represented by

Sri Ranjan Kumar Ganguly, aged 60 years,

Sr. Vice President, Eureka Forbes Ltd., Office -7,

Chakraberia Road(South), Kolkata – 700025,

West Bengal, India

... Appellants

Vrs.

M/s Bimala Jewellers,

Proprietor Priyanka Soni,

W/o Jayram Soni,

At – J.S.Market Complex, Laxmi Bazar,

Dhenkanal, Ps – Town, Po/Dist – Dhenkanal,

Represented by Jayaram Soni,

Manager of M/s Bimala Jewellers, Dhenkanal,

Ps –Town, Po/Dist – Dhenkanal

… Respondent

____________

For the appellants : M/s A.K.Das & Associates

For the respondent : M/s R.K.Pattnaik & Associates

____________

P R E S E N T:

THE HON’BLE DR. JUSTICE D.P.CHOUDHURY, PRESIDENT,

DR.P.K.PRUSTY, MEMBER

AND

MISS S.L.PATTNAIK, MEMBER

DATED THE 14^th DECEMBER, 2022

O R D E R

DR. D.P. CHOUDHURY J., PRESIDENT

Captioned appeal is filed u/s 15 of the erstwhile Consumer

Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this

appeal shall be referred to with reference to their respective

status before the District Forum.

PLEADINGS

2. The factual matrix leading to the case of the complainant is

that the complainant is the Proprietor of M/s Bimala Jewellers

who deals in the diamond, gold, silver, gems stones etc. having

its shop at J.S.Market Complex, Laxmi Bazar, Dhenkanal since

1993. It is alleged inter alia that the complainant purchased a

security system from the OP for their installation with best

camera vibration and motion security system which would carry

every small image, any type of motion and a pin drop vibrational

motion/sound in the entire shop room premises for

Rs.1,10,000/-. The system was installed in 2010-11. Complainant

alleged that in 2014-15 there was defect in the camera which

was not properly functioning either for the motion or the

vibration and the PIR failed to catch motion. So, the complainant

asked the OP to remove the defect. Since 2014-15 to 2018 the

complainant used said machine of course on payment of the

visiting charges and annual maintenance charges. It is alleged

inter alia that on 1.11.2017 night a theft was attempted to the

building by drilling the wall. It was recorded in the CC TV camera

of the complainant but the system installed by the OP did not

record any sound or picture. The damage to the room was

caused for Rs.1,00,000/-. On 2.11.2017 at 9.20 AM the

complainant found some damage to the room and the furniture

etc. Thereafter, the complainant informed the OP who reached

on the same day at 2.30 PM and observed that one PIR was

defective but rest five were working. On the other hand, the

complainant found that their

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