Punjab

SAS Nagar Mohali

CC/1583/2019

Ajay Mahajan - Complainant(s)

Versus

Chandan Singh Prprietor - Opp.Party(s)

Roshan Lal

04 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI)

 

Consumer Complaint No.	1583 of 2019
Date of Institution	29.08.2019
Date of Decision	04.04.2024

 

Ajay Mahajan, Advocate aged 55 years S/o Late Sh. Harish Chandra Mahajan, R/o Kothi No.1529, Sector 18-D, Chandigarh.

 

                                                        …………...Complainant

                                Versus

Chandan Singh Proprietor M/s Jai Maa Laxmi Welding Works, Shop No. 6, Nada Road, near Teja Singh Market, Naya Gaon, District Mohali, Punjab.

                                                        …………Opposite Party

Complaint under the Consumer Protection Act

 

QUORUM

 

                Hon’ble Mr.S.K.Aggarwal, President

                Hon’ble Ms. Paramjeet Kaur, Member       

 

Present:    Complainant in person

                None for the OP.                      

                       

ORDER                                           

The complainant has filed the present complaint against the Opposite Party (hereinafter referred to as the OP) on the averments that he engaged the services of OP, who demanded Rs. 17,000/- (Rs. 5,000/- towards labour, welding charges, fitting, erecting and painting of iron staircase and Rs. 12,000/- from the complainant for the purchase of iron rods and pipes for making iron staircase). However, the complainant gave Rs. 14,000/- in cash to the OP at Chandigarh in his house on 02.01.2018 as advance money. The OP wasted about a month, but did not started the work to prepare the iron staircase. On 02.04.2018 the complainant again went to the shop of OP and asked the OP to either start the work or refund the money to the tune of Rs. 14,000/- but on one pretext or the other, the OP did not do the needful. On 06.04.2018, OP gave in writing on the back side  of visiting card of his shop that he would refund  Rs. 14,000/- to the complainant but till date nothing has been done by the OP.

                Consequently, prayer has been made for issuance of direction to the OP to pay Rs. 14,000/- as damages alongwith compensation of Rs. 1520/- for    mental agony and physical harassment and   Rs.10,000/- as litigation expenses.

2.             Upon notice, the OP controverted the averments put forth by the complainant. The OP has come forward with the plea that under pressure he had to write that he will pay a sum of Rs. 14,000/- to the complainant but as a matter of fact only Rs. 4,000/- was required to be paid. Denying any deficiency on its part, the OP has prayed for dismissal of the complaint.

3.             In support of his case, the complainant tendered in evidence his affidavit Ex.CW-1/1 along with documents Ex C-1 to Ex C-7.

4.             On the other hand, the OP has placed on record his affidavit.

5.             We have heard the complainant and have also gone through the entire record.

6.             During the course of arguments, the complainant has fairly argued that though he is entitled to  get back a sum of Rs. 14,000/- from the OP  but  still he is ready to accept the amount of  Rs. 4,000/- which has been admitted by OP in his affidavit.

7.             Consequently, keeping in view, the entire facts and circumstances of this case, we partly allow the complaint and direct the OP to make the payment of Rs. 4,000/- to the complainant within one month from the date of receipt of certified copy of the order, failing which this amount will carry interest @ 9% per annum till actual refund.  The OP is  further directed to pay a lumpsum amount of Rs.6,000/- as compensation for mental agony and harassment as well as litigation expenses.

8.             The instant complaint could not be disposed of within stipulated period for want of quorum.

                Certified copies of this order be sent to the parties free of costs.   File be indexed and consigned to record room

 

Pronounced

April 04, 2024

                                                               

                        (S.K. Aggarwal)

                                                                President

 

                                                       

 

(Ms. Paramjeet Kaur)

Member