Chandigarh

DF-I

CC/827/2022

Shri AVTAR SINGH - Complainant(s)

Versus

LAKHVIR SINGH - Opp.Party(s)

JASNEET KAUR

22 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/827/2022
Date of Institution	:	23/09/2022
Date of Decision	:	22/07/2024

 

Sh.Avtar Singh, S/o Sh.Karora Singh, aged 51 years, R/o H.No.139, Village Sarangpur, U.T., Chandigarh-160014.

 

… Complainant

V E R S U S

Lakhvir Singh, Proprietor of M/s L S Enterprises, House No.111/A and 111, Village-Sarangpur, Chandigarh-160014.

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Ms.Himani Makkar, Advocate proxy for Ms.Jasneet Kaur, Advocate for Complainant.
	:	Sh.Karan Jund Mullanpur, Advocate for OP alongwith Sh.Lakhvir Singh, OP in person (defence of OP struck off vide order dated 24.01.2023).

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant hired the OP services in the year 2017 for construction and civil work including but not limited to electrical and plumbing of his house (2^nd floors) situated at village Sarangpur, U.T., Chandigarh, hereinafter referred to as the “Project”. As was verbally agreed between the complainant and the OP, the construction complete alongwith all civil, plumbing and electrical work of the said project was to be carried out by March 2019. During the period of construction, the complainant has already transferred a significant amount of money towards expenses and professional fee raised for dispensing the above said assured services to the OP which include but are not limited to advance payments for installation of 3 Electrical Panels with latest safety equipment including material and labour costs, installation of False Ceiling on both the floors with material & labour costs, to the OP from time to time. As much as a total of Rs.16,80,980/- stands paid to the OP by the Complainant as consideration for the above-mentioned Project (Annexure C/1 & C/2 colly). However, to the utter shock of the Complainant, not only has there been unjustifiable and undue delay in completion of the work and the Project undertaken by the OP, for which the Complainant has already paid the OP large amounts, but even the work carried out on ground is far below the industry standards in addition to have been done without complying with any safety and security measures, thereby resulting into the complainant’s home being absolutely and completely un-livable (Annexure C/3 & C/4 colly). The OP has acted in complete mala fide and unfair manner, and also served the Complainant with a false Invoice dated 24-04-2022 (Annexure C/5) of total expenses of Rs.6,59,480/-, vide which the OP has also claimed an additional amount of Rs.3,90,480 from the Complainant only to illegally and improperly wield more money from the Complainant, despite an amount of over Rs.15,21,480 excluding cash payments already being paid to the OP. Despite of repeated requests made by the Complainant requesting the OP to either refund the amount paid by him or carry out the pending work, the OP has chosen to totally ignore his requests and rather have abandoned all pending work in between without settling the accounts. The complainant also served a legal notice dated 16.08.2022 (Annexure C/7) to the OP. Hence, is the present consumer complaint.
2.     Despite ample opportunity given, OP failed to file reply within stipulated period as provided under Act. Hence, defence of OP was struck off vide order dated 24.01.2023.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsels for the parties and gone through the record of the case.
5.     The main grievance of the complainant is that inspite of charging Rs.16,80,980/- towards construction and civil work of his house (2^nd floors), the OP has not carried the work satisfactorily or complete as agreed.
6.     On perusal of documents, it is observed that the complainant have not adduced any written agreement executed with OP, containing the details of amount payable/specifications of material or scope of work to be carried out.
7.     We are of the view as there was no written contract or no document promising services against payment of consideration, hence, the issue could be adjudicated by the appropriate Civil Court. The procedure under Consumer Protection Act is summary in nature. In this complaint there are several issues and allegations of civil in nature which arises in this matter like work quantities, payments made & balance amount payable, work done and balance work required to be done, which require detailed deliberations, summoning of witnesses & cross examining of witnesses etc.  
8.     In view of the aforesaid discussion and the reasons recorded hereinbefore, we do not find any deficiency in service or unfair trade practice on the part of the OP. Accordingly, the consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs. However, the complainant shall be at liberty to agitate the issue mentioned in the complaint before a Court of competent jurisdiction/ appropriate Forum. 
9.     Pending miscellaneous application, if any, also stands disposed of.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
22/07/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member