DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                             Consumer Complaint No.90 of 2021

                                             Date of institution: 17.12.2021

                                             Date of Decision:   27.05.2022

Krishan Lal son of Sh. Hari Ram, resident of House No.1798/16, Pucca Bagh Colony, Rupnagar 

…….Complainant

Versus

Harpreet Singh office of Street No.7, Dashmesh Nagar, Gill Road, Ludhiana-141003   

……..Opposite Party

Complaint under Consumer Protection Act.

Quorum:   Shri Ranjit Singh, President.

                       Mrs. Ranvir Kaur, Member

Present:    Ms. Diksha Verma, Adv for complainant

OP ex-parte.

Order dictated by :-  Sh. Ranjit Singh, President

Order

1. The present order of ours will dispose of the above complaint filed under the Consumer Protection Act, by the complainant against the Opposite Party on the ground that on 17.7.2021, the complainant had ordered to the opposite party for making of the main gate of his house. The length and breadth of the main gate was decided by the opposite party and OP have charged is Rs.1050 i.e. rs.81,900/-. The gate which opposite party has delivered to the complainant was not as per the length and breadth which was ordered by the complainant. The complainant constructed the pillors for the gate as per the size ordered but due to inaccurate size of the delivered gate, it was not fixed properly and due to non fixation of gate properly, it can cause injury to the complainant and his family. The complainant approached the opposite party for the default and defect in the product order to him with regards opposite party has neither returned the money nor exchange the gate. Moreover, he came up with heated arguments with the complainant, which is not a good practice by the opposite party. It is further stated that if the opposite party himself decided the length and breadth of the gate then how could he deliver inaccurate size of the gate. This shows close malafide intention of the opposite party. The complainant trying to approach it so many times and repeatedly he started arguments and clearly denied for refund and not even wants to exchange the defected product, which he intentionally delivered to the complainant. Thus, alleging deficiency in service on the part of the O.P. the complainant had sought the following reliefs:-

1. That either to change the defective gate or to refund the full amount of the gate paid by the complainant to the OP
2. To pay Rs.50,000/- as compensation   
3. To pay Rs.30,000/- as litigation expenses. 

2. The CC in support of his case tendered in evidence various documents. 
3. We have heard the complainant and have gone through the record of this case.
4.  Since the OP has chosen to remain ex-parte and otherwise also the evidence of the complainant appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the complainant. It is, proved on the file that the complainant had ordered to the opposite party for making the main gate of his house and length and breadth of the main gate was decided by the opposite party 13*6 = 78 and per ft of the gate opposite party have charged is 1050 i.e. Rs.81,900/-. But neither the OP installed the main gate of the house as per his satisfaction. We have also perused Ex.C1, which is clearly shows that the length and breadth of the gate was decided by the complainant as 13*6 = 78.
5. It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers, which are being regularly harassed by the unscrupulous traders, who even after receiving the money do not provide the proper services to the consumers. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.
6. In view of our above discussion, we allow the present complaint and O.P. is directed to replace the gate installed in the house of the complainant as per satisfaction of the complainant with the new one. It is further ordered that the O.P will pay a compensation to the tune of Rs.25000/- and litigation cost of Rs.11000/-. Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.
7.  

May 27,2022

(Ranjit Singh)

(Ranvir Kaur)