A.K.ANNAMALAI, J. - (1.) The 2nd opposite party is the appellant.
(2.) The complainant filed a complaint against the 1st and 2nd opposite parties claiming for damages for deficiency of service for Rs.30,000/- and directing the 1st opposite party to provide the imperforated doors for lift supply to obtain renewal of license from 2nd opposite party and alternatively Rs.75,000/- from the opposite party for providing imperforated lift and for costs.
(3.) The brief details of the complaint are as follows :- The complainants are the apartment owners and they formed society and registered under the Tamilnadu Societies Registration Act 1975. The complainants have approached the 1st opposite party for construction and erection and commissioning of lift in M.P.Apartments at 191, Durga Road, Pallavaram, Chennai-43 . The 1st opposite party furnished the quotation dated 9.4.1998 and after payment, lift was erected and commissioned without following the Tamil Nadu Lift Rules and Regulations. The 2nd opposite party is an electrical engineer who has issued license to the lifts erected by competent person. The lift provided by the 1st opposite party is not in accordance with the Tamil Nadu Lift Rules and Regulations. The lift was not provided with imperforated doors and the 2nd opposite party after inspecting the lift on 22.3.99 called upon the complainant to provide imperforated doors and the 1st opposite party obtained license from the 2nd opposite party for the period from 30.4.99 to 30.3.2000 and informed the complainant that they have to comply with the provisions of Lift Act including obtaining of license. When the complainant applied for renewal for license for the period from 2000 to 2001, the 2nd opposite party inspected the lift on 7.7.2000 and called upon the complainant to comply with the providing imperforated door on renewal of license. The complainant requested the 1st opposite party to provide imperforated doors. Therefore, the license was not issued by the 2nd opposite party. By not providing imperforated doors as per the Tamil Nadu Lift Rules and Regulations, the 1st opposite party committed deficiency in service. The 2nd opposite party without following the Lift Rules and Regulations granted license for the period from 30.4.99 to 30.3.2000 and subsequently refused to renew the license which committed deficiency in service.;