Haryana

StateCommission

Ma/07/2016

Purshotam Josan - Complainant(s)

Versus

Gurdev Singh - Opp.Party(s)

05 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Civil. Misc. No.07 of 2016

                              In

First Appeal No: 1249 of 2014

Date of Order:        05.05.2016     

 

Purshotam Josan, Proprietor M/s Shri Balaji Tubewell Store, Opposite Radha Swami Satsang, Hisar Road, Sirsa, Tehsil and District Sirsa.

                                      Applicant/Opposite Party

Versus

 

Gurdev Singh s/o Sh. Pal Singh, Resident of Village Bhavdeen, Tehsil and District Sirsa.

                                      Respondent/Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

Present:              Shri Satbir Gill, Advocate for applicant/Opposite Party.

                             Respondent in person. 

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

Gurdev Singh-complainant/respondent filed complaint before District Consumer Disputes Redressal Forum, Sirsa (for short ‘the District Forum’), against Purshotam Josan-Opposite Party/applicant, claiming compensation on account of the supply of inferior quality material, that is, pipes, cable and electric motor etcetera for installation of tubewell.

2.      Vide order dated November 6^th, 2013, the District Forum disposed of the complaint as under:-

“Parties have compromised. They have given their statements to this Forum, which have been counter-signed by their respective counsel. This complaint is hereby accordingly decided. Opposite party No.2 shall pay a total sum of Rs.2,25,000/- to the complainant for full and final satisfaction of his claim. This amount shall be paid in three monthly installments of Rs.75,000/- each. First installment shall be payable by 10.12.2013; second by 10.1.2014 and third and last by 10.02.2014. In case of failure, to pay any installment, by the date fixed, the opposite party No.2 shall be liable to pay interest, on the remaining amount @ 10% per annum, from today, till payment.”

3.      The opposite party/applicant filed appeal before this Commission and the same was dismissed vide order dated 12.02.2015. The amount of Rs.2,48,600/- deposited by the applicant/appellant was ordered to be refunded to the complainant/respondent.

4.      The complainant filed execution application before the District Forum and sought payment of the entire amount awarded by the District Forum. The amount of Rs.2,48,600/-, that is, Rs.2,25,000/- as ordered by the District Forum alongwith interest, has already been deposited with this Commission. The instant application has been filed on behalf of the opposite party/applicant that the amount deposited be refunded to the complainant.  In view of this, the amount of Rs.2,48,600/- deposited by the applicant be released to the complainant in accordance with rules.

 

 

Announced 05.05.2016

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL