Chanderhaas, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Gurparshad (here-in-after referred to as 'opposite party).

2.        Briefly stated, the case of the complainant is that in the last week of May 2022, he contacted opposite party and told him that he had about 50 logs of sheesham (Tahli) wood, some of them having 5 ½ feet length and some of 6 feet length. It is alleged that these logs were having thickness of 1 ½ Inch and were 4 inch wide. He also informed to opposite party that he had also one door wooden frame having 6 feet height and 5 feet width. He asked to opposite party that he wanted one Dining Table with toughen glass and six chairs. Copy of the design of Dining Table and Chairs was supplied to the opposite party. It is further alleged that the opposite party assured the complainant that from out of the above said wooden items, he would prepare one Dining Table with toughen glass and also six chairs. He further assured that dining table and six chairs would be properly polished and there would be no complaint whatsoever. It is further alleged that the opposite party told the complainant to provide above said wooden items and he will start work and would complete the task within 20 days and for that opposite party would charge a sum of Rs.17,000/- from complainant on account of preparing dining table with glass and six chairs. It is further alleged that complainant deposited a sum of Rs.4,000/- in the account of son of opposite party as per the wish of the opposite party, Rs.1,000/- was further deposited through G-Pay in the account of son of opposite party. It was also further pleaded that complainant gave a sum of Rs.12,000/- in cash to opposite party and he total paid a sum of Rs.17,000/- as per the demand and direction of opposite party. It is further alleged that opposite party did not prepare the dining table and chairs within stipulated time as assured by opposite party and accordingly he kept on reminding the opposite party to prepare dining table with glass and chairs as early as possible, but opposite party remained delaying the matter. It is further alleged that the opposite party after about two months prepared dining table and chairs, which were not as per the design provided to opposite party and manufacturing quality was sub-standard as the polish was not as per the design of the table and chairs. Even the height of the chairs is not same and is varying from one another and the feet of the chairs are not stable and the glass on dining table is not properly fitted and the mica used for dining table is cracked. It is also alleged that he reported all these anomalies and defects to opposite party and requested him to remove the same, but opposite party did not listen the genuine demands of complainant and failed to rectify the above said defects. It is further alleged that virtually the payment has been made to the opposite party in advance, but previously he did not issue any receipt for the same, but later on the complainant when he found above said defects in the articles, he kept on requesting him for receipt of payments made to opposite party and ultimately after herculean efforts, he somehow managed to get the receipt of Rs.17,000/- from opposite party on dated 31.07.2022.On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the opposite party and prayed that opposite party may kindly be directed to return the amount of Rs.17,000/- along with price of sheesham wood logs i.e. around Rs.25,000/-. The opposite party may further be directed to pay a sum of Rs.50,000/- to complainant as compensation on account of mental agony, pain and harassment to complainant in the interest of justice.

3.       Written reply to the main complaint not filed by the opposite party. Counsel for the opposite party has moved an application for dismissing the complaint by the complainant for want of jurisdiction.

4.     Learned counsel for the complainant has tendered into evidence affidavit of Chanderhaas (Complainant) Ex.CW-1/A along-with other documents Ex.C-1 to Ex.C-3.

5.       Written arguments not filed by both the parties.

6.       Complainant has argued that he had provided sheesham wood for preparing Dining Table with toughen glass and six chairs and had also given specifications/photographs for preparing the same. However, when the opposite party prepared the Dining Table with chairs then it was found that the Dining Table and chairs had not been prepared as per the specifications. It is further argued by the complainant that opposite party had received an amount of Rs.17,000/- from the complainant for the material and labour and wood logs worth Rs.25,000/- were wasted, which amounts to deficiency in service on the part of the opposite party.

7.       Opposite party has not filed any reply to the main complaint and his defence was struck off vide order dated 07.08.2023.

8.       However, counsel for the opposite party has argued that there is no relationship of consumer and service provider and opposite party is only a daily labourer as such complaint should be dismissed as there is no deficiency in service on the part of opposite party.

9.       We have heard the complainant and counsel for the opposite party and gone through the record. The evidence brought on record by the complainant has remained unrebutted and receiving of payment of Rs.17,000/- by the opposite party is proved from the receipt dated 31.07.2022. Complainant has also placed on record specifications of Dining Table and chairs and on the contrary the photographs of Dining Table and chairs prepared by the opposite party is not of the same specifications. Accordingly, this Commission is of the view that complainant has fully proved the deficiency in service on the part of the opposite party. As such present complaint is partly allowed and opposite party is directed to pay Rs.10,000/- to the complainant allongwith interest @ 9% P.A. from the date of filing of the complaint till its realization within 30 days from the receipt of copy of the order.

10.      The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.

11.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room. 

                               (Lalit Mohan Dogra)

                                                                       President   

Announced:                                          (B.S.Matharu)

Aug. 08, 2023                                               Member

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