ORDERS:
Charanjit Singh, President;
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 35 and 36 of the Consumer Protection Act (herein after called as 'the Act') against the opposite parties by alleging that the complainant made an oral agreement/ contract with the opposite party for renovation of Sofa Set at the house of complainant. It was agreed between the parties that the opposite party will charge Rs. 500/- per seat as labour from the complainant. As such, the complainant became consumer of the opposite party. As per oral agreement entered between the complainant and opposite party, the opposite party is to renovate the Sofa Set @ Rs. 500/- per seat as labour. The opposite party visited the house of the complainant on 8.3.2024 and started work of dismantle of sofa set and in the evening the opposite party made a list of material required to renovate the sofa set including sofa cloth, 9 sofa foam seats, 10 foam sheets, fevicol etc. The complainant purchased the required material from Talwar Furnishings, Amritsar for sum of Rs. 36,680/- vide bill dated 9.3.2024 and 12.3.2024. The complainant also purchased other required material from local market i.e. casement, synthetic fabric, nails etc. for sum of Rs. 3,000/-. The opposite party agreed to furnish work within a week but the opposite party used to remain absent from work for every alternative day and delayed the work. The opposite party took Rs. 2,000/- from the complainant in cash on the first day and later on took further Rs. 2,000/- from the complainant through google pay from complainant HDFC Bank account. As such the opposite party took Rs. 4,000/- from the complainant against total amount of Rs.4,500/- as agreed. Day when the opposite party received the second installment of Rs. 2,000/- from the complainant through g-pay, the opposite party did not turn up for work. The complainant various times called the opposite party to complete the pending work and also visited the house of the opposite party three four times and complainant requested the opposite party and even to his family member to complete the work as agreed but the opposite party did not turn up till today. The opposite party remained adamant and also insulted the complainant. The opposite party wasted/ damaged the material purchased by the complainant as stated in Para No. 2 of the complainant and did not perform his part of agreement made by opposite party. The complainant prayed the following relieves.
- The opposite party may be directed to return the amount of Rs. 4,000/- charged from the complainant.
- The opposite party may be directed to pay the amount of material of Rs. 39,680/- purchased by the complainant.
- The opposite party may be directed to pay fine and punitive damages for not performing his part of job as alleged between the parties by way of adopting unfair trade practice.
- The opposite party may be directed to pay litigation expenses amounting to Rs. 2,000/-.
- The opposite party may be directed to pay compensation for mental harassment and suffering amounting to Rs. 20,000/-.
Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, statement of account Ex. C-2, Copy of Bill dated 9.3.2024 of Rs. 32,000/- Ex. C-3, copy of Bill dated 12.3.2024 of Rs. 4,680/- Ex. C-4. Photographs of Sofa set showing incomplete work Ex. C-5 to Ex. C-10.
2 Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 13.6.2024.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the complainant made an oral agreement/ contract with the opposite party for renovation of Sofa Set at the house of complainant. It was agreed between the parties that the opposite party will charge Rs. 500/- per seat as labour from the complainant. As such, the complainant became consumer of the opposite party. As per oral agreement entered between the complainant and opposite party, the opposite party is to renovate the Sofa Set @ Rs. 500/- per seat as labour. He further declared that the opposite party visited the house of the complainant on 8.3.2024 and started work of dismantle of sofa set and in the evening the opposite party made a list of material required to renovate the sofa set including sofa cloth, 9 sofa foam seats, 10 foam sheets, fevicol etc. The complainant purchased the required material from Talwar Furnishings, Amritsar for sum of Rs. 36,680/- vide bill dated 9.3.2024 Ex. C-3 and Bill dated 12.3.2024 Ex. C-4. The complainant further declared that he also purchased other required material from local market i.e. casement, synthetic fabric, nails etc. for sum of Rs. 3,000/-. The opposite party agreed to furnish work within a week but the opposite party used to remain absent from work for every alternative day and delayed the work. The opposite party took Rs. 2,000/- from the complainant in cash on the first day and later on took further Rs. 2,000/- from the complainant through google pay from complainant HDFC Bank account. The statement of account is Ex. C-2 The opposite party took Rs. 4,000/- from the complainant against total amount of Rs.4,500/- as agreed. Day when the opposite party received the second installment of Rs. 2,000/- from the complainant through g-pay, the opposite party did not turn up for work. The complainant various times called the opposite party to complete the pending work and also visited the house of the opposite party three four times and complainant requested the opposite party and even to his family member to complete the work as agreed but the opposite party did not turn up till today. The opposite party remained adamant and also insulted the complainant. The opposite party wasted/ damaged the material purchased by the complainant as stated in Para No. 2 of the complainant and did not perform his part of agreement made by opposite party and prayed that the present complaint be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in this Commission in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against him by the complainant.
6 The complainant alleged in his complaint that he has purchased material for Rs. 39,680/- for repair of sofa set and he prayed for making the payment of the said amount from the opposite party but we are not agreed with the complainant because in the complaint he has nowhere alleged that the material purchased for the repair of sofa set has become useless/ damaged. The complainant can hire the services of other person to repair the said sofa set with that material. As such, the complainant is not entitled to Rs. 39,680/- but the complainant is entitled for the mental harassment and litigation expenses.
7 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite party. The opposite party is directed to return the amount of Rs. 4,000/- charged from the complainant. The complainant has been unnecessarily harassed by the opposite party for a long time, therefore, the complainant is entitled to Rs. 20,000/- as compensation on account of harassment and mental agony and Rs 2,000/- as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
28.08.2024
