Firm penalised for not repairing lift under warranty

Tribune News Service

Chandigarh, October 2

An elevator manufacturing company was penalised for not repairing a lift under warranty. M/s Schindler India Private Limited was fined Rs 40,000 by the consumer forum on the complaint of a 61-year-old city resident. The company was also told to refund around Rs 23,000 to the complainant.

The complainant, Surinder Mohan Mittal, stated that in August 2015 and February 2016, he paid a total advance of Rs 9.70 lakh through two cheques for installation of a passenger elevator at his residence. However, the same could not be tested on account of construction work, which was completed in July 2016.

In March 2016, the firm had obtained signatures of the complainant on some papers and it was made to understand that warranty of one year shall run from the date of actual use, which was July 2016.

The elevator started giving trouble and when it actually failed to work in March 2017, Mittal lodged a complaint with the firm in respect of the doors of the elevator. In April 2017, it again started giving trouble and the firm compelled the complainant to pay additional amount as it was termed as additional work. The explanation given was that warranty was till March 31, 2017 only.

The firm in its reply stated that objections of the complaint are not maintainable. It stated that the warranty had expired on March 31, 2017. Therefore, an amount of Rs 22,929 was voluntarily given by the complainant. Parties are bound by the terms and conditions of the agreement, it added.

The forum found the firm at fault and directed it to refund the amount of Rs 22,929. In addition, it was directed to pay Rs 30,000 to the complainant as compensation for deficiency in service, mental agony and harassment and Rs 10,000 as costs of litigation.

Deficiency in service

The forum found the firm at fault and directed it to refund the amount of Rs 22,929. In addition, it was directed to pay Rs 30,000 to the complainant as compensation for deficiency in service, mental agony and harassment and Rs 10,000 as costs of litigation.