Over charging for lift repair without justification.
PramodKumar
(Querist) 19 January 2016
This query is : Resolved
There was breakdown of the lift installed at our four storied residential building and as informed by the Co., required replacement of 17-18 parts which mainly include v3f drive and door sensor and some other parts for which the company charged Rs. 1.60 lacs. But when asked to give component-wise breakup the Co. failed to give the same and It was given to understand that huge amount was due to mainly two components i.e. v3f drive and door sensor. When we insisted the Company to give component wise break up, the Co. replied that it was system generated invoice and we don't give breakup of the components. The box containing V3f drive clearly reflects MRP of Rs. 32500/-inclusive of all taxes and the supplier of the Door sensor also informed that the total cost of the door sensor was Rs. 11305 /-( inclusive of taxes and delivery charges) . The total cost of the remaining 15 small components is not more than 10000/- - 12000/- in any case. The Company charged service charges @ Rs. 3500 for repair of the lift separately.
Thus the Company charged Rs.1.60 lacs against the actual total value of Rs.47000/-(component actual cost and service charge) i.e. Rs. 1.13 lacs more than the actual cost of the components. The Company is among the leading manufacturer of the lifts and taking advantage of the fact that the lift was under break down and the client has no option but to surrender before the Company for its repair, they charged an heavy amount of Rs.1.60 lacs without any justification of the price quoted by them.
In this connection please advise (i) whether Company can charge over and above the MRP of the product already available in the market;
(ii) Can Company is bound to give item wise details.
(iii) Whether the Co.'s plea that the rates were quoted based on the system generated invoice is valid?
(iv) How the excess amount charged by the Company can be recovered? If so in what way?
(v) Under which Act(s) can we pursue the matter with the Company. Whether such cases can be pursued thru Competition Commission Act, 2002 for abuse of dominance and under Consumer protection Act.
Please advise.
Pramod Beri
9968316761
Hemant Agarwal
(Expert) 02 November 2016
1. File Criminal Case of Cheating against the Lift-Service Vendor.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 02 November 2016
(i) Company can charge agreed amount / should have asked for estimates.
(ii) As per terms of agreement for repairing.
(iii) Yes if agree before entrusting the work.
(iv) Can send notice followed by legal notice and filing recovery proceedings.
(v) Discuss with local lawyer.
