Brief facts of the complaint are that complainant is undertaking construction of his new house in Gopal Park, Kapurthala for which he proposed to get install a dome of fibre sheet. It is further alleged that opposite party approached the complainant with an offer to get prepare the said dome of high quality and the price thereof was settled at Rs.25000/- including transportation charges. The opposite party was bound to get the said dome installed at the house of the complainant. Opposite party took a sum of Rs.15000/- from the complainant in advance for preparation of said dome on 31/5/2009 and promised to deliver the same after manufacturing by 15/6/2009 but opposite party failed to do so, though complainant paid Rs.5000/- on 1/7/2009 but opposite party did not deliver the dome as promised. After few days, opposite party delivered the said dome and it was found that thickness of the fibre as much less as agreed between the parties and colour combination was not iniform in the entire dome. The complainant showed the said defect to the opposite party and opposite party promised to do the needful but they utterly failed to do so which amounts to deficiency in service on the part of opposite party against which complainant is entitled to the reliefs claimed.

2. Notice of the complaint was sent to the opposite party who appeared through counsel and filed written statement.

3. In support of his version complainant produced in evidence affidavit and documents Ex.C1 to C9.

4. On the other hand opposite party produced in evidence affidavit and documents Ex.O1 to O4.

5. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Learned counsel for the complainant has argued that complainant is undertaking construction of his new house in Gopal Park, Kapurthala and matter regarding construction of dome having fibre sheet of minimum six mm thickness was settled with the opposite party and price thereof was settled at Rs.25000/- including transportation charges. It is further argued that opposite party received Rs.15000/- from the complainant in advance and promised to deliver the material after manufacturing by 15/6/2009 but could not do so and later on promised for its delivery on 20/6/2009. and after pressing hard by the complainant, opposite party delivered the dome few days back and it was found that thickness of the fibre was much less than what was agreed between the parties. . Even the thickness of fibre sheet was less than 5 mm and one part of fibre sheet was of the dark colour and other of light colour. Opposite party firstly promised to accede the request of the complainant but later on they flatly refused to do so. As such there is deficiency in service on the part of opposite party.

On the other hand opposite party counter argued that price of the material was settled between the parties at Rs.30000/- instead of Rs.25000/- excluding transportation charges of Rs.600/-. Opposite party however, took a sum of Rs.15000/- from the complainant in advance for preparation of said dome on 31/5/2009 and promised to deliver the same after manufacturing on 15/6/2009. It is further argued that thickness of fibre sheet was exactly 6 mm which can be checked at the site and colour combination which is duly uniform in the entire dome and in reality complainant wants to usurp balance payment of Rs. 15000/- and nothing else whereas dome was delivered a day before the fixed date i.e. on 14/6/2009 and opposite party never gave any chance of complaint to anybody. Hence there is no deficiency in service on the part of opposite party.

We have considered rival contentions of counsel for the parties. Complainant has reiterated his allegations of the complaint vide affidavit Ex.C1 supported by another affidavit of Sanjay Shukla, Sahib Interiors Ex.C3. The allegation of the complainant with regard to delivery of required material of minimum 6 mm fibre sheet required to be used for construction of such dome settled with the opposite party has not been complied with. Complainant has tried to prove his version by way of inspection of material carried out by the representative of Sahib Interior vide Ex.CY depicting that dome lying at the house of the complainant under construction at Gopal Park, fibre sheet used for construction of dome was less than 5 mm thickness and colour of fibre sheet was not uniform giving different shades by appearance only. The opposite party raised certain deficiency in the alleged inspection report prepared by the representative of Sahib Interiors dated 4/9/2009, opposite party after receipt of Rs.15000/- from the complainant in advance has supplied the material to the complainant on 14/6/2009 and had the thickness of fibre 6mm then there is no reason to put up the complaint against the opposite party regarding delivery of material beyond its specifications than agreed between the parties and even earlier there was a complaint from R.S. Dhillon against the opposite party Ex.C4 decided by this Forum dated 20/3/2008 who failed to render service nor returned the amount received in advance from the complainant which shows the unbalanced conduct of the opposite party in the present complaint also for not providing appropriate specification of material to the complainant and utterly failed to prove his case.

In the ultimate analysis of aforesaid discussion we accept the complaint of the complainant and direct the opposite party to replace the defective dome with new dome as per specification of fibre with thickness of 5 mm agreed between the parties within one month from the receipt of copy of this order and opposite party is further directed to pay compensation of Rs.2000/- for mental agony and harassment and cost of litigation of Rs.2000/- within the above mentioned period. Complainant will also make the payment of remaining amount of Rs.15000/- to the opposite party within two days after replacement of dome.

Let certified copies of order be supplied to the parties without delay and thereafter file be consigned to record room.

Announced : Shashi Narang Gulshan Prashar Paramjit Singh

12.10.2009 Member Member President.