Punjab

Rupnagar

CC/18/96

Kamal Kumar - Complainant(s)

Versus

A2Z Infra Services Ltd. - Opp.Party(s)

Sh. Anuj Thakur

01 Mar 2019

ORDER

THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. : 96 of 16.10.2018

                                 Date of decision                    :    01.03.2019

 

Kamal Kumar, aged about 51 years, son of Sh. Swarna, resident of House No.401, Shivalik Avenue, Naya Nangal, Tehsil Nangal, District Rupnagar.  

                                                                 ......Complainant

                                             Versus

1. The Managing Director,
2. Procurement Head,

AZZ Infra Services Limited, 0-116, Ist Floor, Shopping Mall, DLF Phase I, Gurgaon 122016 (Haryana)

3. Superintending Engineer, Virasat-e-Khalsa Foundation, Shri Anandpur Sahib, Plot No.3, Sector 38-A, Chandigarh.   

           ....Opposite Parties

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        CAPT. YUVINDER SINGH MATTA, MEMBER

ARGUED BY

 

Sh. Anuj Thakur, Advocate, counsel for complainant 

O.Ps. exparte 

 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

1. Sh. Kamal Kumar son of Sh. Swarna, resident of House No.401, Shivalik Avenue, Naya Nangal, Tehsil Nangal, District Rupnagar,  through his counsel has filed the present complaint seeking directions to the opposite parties to make the payment of Rs.2,50,000/- i.e. remaining amount of the work done; to pay Rs.50,000/- for harassment; to pay Rs.20,000/- as litigation expenses along with interest @ 18% per annum till its realization in the interest of justice.    
2. Brief facts made out from the complaint are that the complainant was taking the contracts of electrical works under the name and style of Kamal Electrical and he is A class contractor. O.Ps. No.1 & 2 is a firm/company was doing the work of caring and maintaining the building of Virasat-e-Khalsa, Shri Anandpur Sahib and O.Ps. gave the contract to the complainant for the electric purchase for a sum of Rs.4,78,087/- and he had completed the work of electrical as per the instructions of the O.Ps and after completion of the work complainant had submitted his bill to the O.Ps. for Rs.4,50,000/- but the O.Ps. paid only Rs.2,00,000/- and the remaining amount is not paid by the O.Ps. to the complainant. Hence, this complaint. 
3. On notice, none has appeared on behalf of O.Ps., therefore, they were proceeded against ex-parte vide order dated 01.03.2019.
4. On being called upon to do so, the complainant has tendered his duly sworn affidavit Ex.CW1/A along with documents Ex.C1 to Ex.C7 and closed the evidence.   
5. We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.
6.  Complainant counsel Sh. Anuj Thakur, argued that on the asking of the O.Ps. complainant did the work at Virasat-e-Khalsa, Shri Anandpur Sahib against the total settlement of Rs.4,78,087/-. The work was completed in time and the complainant had submitted a final bill of Rs.4,50,000/- and O.Ps. despite repeated requests paid only Rs.2,00,000/-. The remaining amount is still due. He prayed that O.Ps. despite being served the notice did not appear and is ex-parte, the complaint be allowed.
7. Complainant is resident of District Rupnagar and Virasat-e-Khlasa where the work done is falls in Sub Division Anandpur Sahib, District Ropar. O.Ps. paid Rs.2,00,000/-, so this forum has territorial jurisdiction to entertain the complaint.
8. Complainant in support of his claim relied upon Ex.C1 AZZ Infra Service Limited (purchase order) dated 16.5.2016, which proves O.Ps. ordered the complainant to do the work of Cable Tray 75X40X5 MM channel for a sum of Rs.4,78,087/- after discount 5% but had received the amount Rs.2,00,000/- only. Complainant then placed on file photocopy of the letter qua the work done dated 26.9.2016 with detail. O.Ps. despite the requests of the complainant paid Rs.2,00,000/- through NEFT July 2017 and this is the account statement of complainant which proves O.Ps. AZZ Infra Service Limited paid the said amount. Despite this complainant placed on file copy of the legal notice Ex.C4.issued to the O.ps. through counsel. After filing the complaint this forum issued the notice to the O.Ps for the date fixed i.e. 2.1.2019 and the postal receipts are on the file but despite issuance of the notice/service none appeared on behalf of O.Ps. i.e. why proceeded against ex-parte.
9. Coming to the fact of deficiency whether the complainant has been able to prove the deficiency and to meet out this point, complainant counsel has relied upon the evidence/pleadings as discussed in earlier part of the order. Appreciating the totality of the documents and then the arguments O.Ps. had asked the complainant to do the needful work against a sum of Rs.4,78,087/-. Complainant completed the work, submitted the final bill of Rs.4,50,000/- and furnished the report on 26.9.2016. Then O.Ps. paid only Rs.2,00,000/- in the month of July 2017. Now despite notice none has appeared in this complaint on behalf of O.Ps. In this way, complainant has been able to prove deficiency on the part of O.Ps. So the complaint deserves to be allowed.
10.  In the light of discussion made above, the complaint stands exparte allowed against the O.Ps. for the payment of balance amount i.e. Rs. 2,50,000/- along with interest @ 8% per annum since the day of completion of the work i.e. 26.9.2016 with costs of Rs.10,000/- with the specific rider that in case in the head note of the complaint the address of O.Ps. is found incomplete or the complainant has not completed the work within the stipulated period then liberty is granted to the O.Ps. to lodge their claim at the time when the complainant filed the execution otherwise to pay the said amount within 50 days from the date of receipt of the certified copy of this order. 
11.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.          

 

                     ANNOUNCED                                    (KARNAIL SINGH AHHI)

                     Dated.01.03.2019                           PRESIDENT
 

 

 

 

                                               (CAPT. YUVINDER SINGH MATTA)

                                                                   MEMBER