Per Hon’ble Shri. V.P. Utpat, President

                                     JUDGMENT

                                Dated 25^thJune 2014

[1]            This Execution Application is filed by the complainant u/s 27 of the Consumer Protection Act, 1986.  Complainant has obtained Order in CC/09/21 on 18/2/2010 against Opponent and as per the said Order Opponent was directed to complete water proofing work of the complainant as per the letter dated 17/3/2008 and was also directed to pay compensation and cost of Rs.1500/-.

[2]            After filing execution proceeding Opponent appeared and filed photographs and report of the expert - Shri. Jayant Khode, who had visited the site and prepared the report. He had also produced five photographs and on the basis of these photographs he had opined that the Opponent has completed the work as regards colouring, crack filling, seepage, dampness etc. The evidence of expert which is produced on behalf of Opponent is showing that the Opponent has substantially complied with the order of the Forum. Now, the Complainant has contended that the warranty of five years for the said work is not given by the Opponent. Hence, the Order is not still complied. According to the Opponent, complainant had got done some of the work through another contractor and the warranty is exhausted. This fact is not seriously disputed by the complainant. In this circumstances, this Forum is of the opinion that the Order of the Forum is substantially complied, compensation and cost amount is already paid to the complainant and there is no sufficient evidence to continue the proceeding against Opponent u/s 27 of the Consumer Protection Act, 1986. Hence, following order is passed-

                                        :- ORDER :-

1. The proceeding of Execution Application No.77/2010 is closed.
2. No order as to costs.
3. Copy of order be supplied to both the parties free of cost.
4. Both parties are directed to collect the sets which are provided for the Hon’ble Members.

 Copy of order be supplied to both the parties free of cost.