Haryana

Yamunanagar

CC/93/2017

Antoo Ram S/o Sandhu Ram - Complainant(s)

Versus

Ashu S/o Parmal Singh - Opp.Party(s)

Achar Pal

03 Mar 2017

ORDER

Antoo Ram Versus Ashu

CC No. 93 of 2017.

 

Present: Sh. Achharpal Sharma, Advocate, counsel for complainant.

 

                        Office report perused. Complaint be checked and registered. Heard. The present complaint has been filed by the complainant on the ground that he paid Rs. 5,000/- on 01.09.2015 and Rs. 15,000/- on 08.09.2015, again paid Rs. 15,000/- on 13.10.2015 i.e. paid total amount of Rs. 35,000/- to the OP for making 10 wooden doors of his house but the respondent/OP handed over only 5 doors instead of 10 doors so the OP be directed to complete the remaining work of 5 doors immediately. In support of his case, complainant has placed on file only one loose paper on which some figures of amount and name of respondent/OP is mentioned but nothing has been mentioned therein for doing the work of 10 wooden doors, as alleged in the complaint by the complainant. Furthermore, the complainant has himself admitted in para No.5 of the complaint that he has also moved an application to the police against the OP.

                        After going through the contents of the complaint, we are of the considered view that such type of cases cannot be decided in a summary way by this Forum and elaborate evidence is required and Civil Court is best plate form for adjudication of such type of disputes. The same view has been held in case titled as M/s Aakriti Enterprises Versus M/s Techno Works, 1998(1) CLT page 471. Therefore, we have no option except to dismiss the complaint in limini. Hence, the same is hereby dismissed.

                     However, the complainant is granted liberty to approach the appropriate Court accordingly. The complainant can have all the original documents, if any, relied upon in this case and the Assistant is also directed to handover the same, if any, attached with the complaint against proper receipt and retaining photocopies of documents on file. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.03.03.2017

 

                                    (S.C.SHARMA)                        (ASHOK KUMAR GARG)

                                     MEMBER                                PRESIDENT

                                                                                       DCDRF, YAMUNANAGAR.