Chandigarh

DF-II

CC/715/2018

Doon Public School - Complainant(s)

Versus

M/s Arm Winsys Tech Pvt. Ltd., - Opp.Party(s)

Jitender Malik Adv.

15 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	715 of 2018
Date  of  Institution	:	17.12.2018
Date   of   Decision	:	15.11.2019

 

 

 

 

Doon Public School, Sector 21, Panchkula, through its Principal Capt.Sanjay Anand, SM, Aged about 60 years, son of Sh.A.S.Anand, Resident of House No.833, Sector 12, Panchkula.  

             ……..Complainant

 

Versus

 

1]  M/s Arm Winsys Tech Pvt. Ltd., Plot No.55, Sector 82, Mohali through its Partner/ proprietor/authorised person Sh.Shalinder Pal.

 

2]  Sapna Arora, Sales Officer, M/s Arm Winsys Tech Pvt. Ltd., Plot No.55, Sector 82, Mohali.

 

 ………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN        PRESIDENT

SMT.PRITI MALHOTRA    MEMBER

        

 

Argued By:       Sh.Jitender Malik, Adv. for complainant.

Opposite Parties exparte.

 

 

PER PRITI MALHOTRA, MEMBER

 

                                The case of the complainant school in brief is that it placed an order on 1.8.2018 (Ann.C-1) with Opposite Parties for installation of UPVC Doors and Windows at First Floor (Parted) of the new block called “Kindergarten Block” in the premises of Doon Public School, Sector 21, Panchkula.  Accordingly, the complainant school made the payment of Rs.50,000/- and Rs.1, 00,000/- to OPs through cheques dated 1.8.2018 and 10.10.2018 (Ann.C-2 & C-3) respectively.  It is averred that after placing the order and even after elapse of three months period, the Opposite Parties did not start the work as per order placed.  However, after much persuasion, the Opposite Party No.2 visited the premises of complainant school only in the first week of Dec., 2018, but that too with incomplete UPVC Windows and frames with few window glasses. It is stated that Opposite Party NO.2 brought unskilled labourers along with her and gave them instruction to install the UPVC Windows, frames and to install the Window glasses also.  It is stated that the unskilled labourers failed to fit the window frames etc. properly due to manufacturing defect as the shapes of the same are unpleasure and it has totally impaired the grace of the area. It is further stated that on 4.12.2018 the complainant tried to contact the Opposite Party No.2 that the work is not being executed in proper manner and they have annual function on the school, but Opposite Party No.2 did not turn up to execute the incomplete work of fitting UPVC Doors and Windows and left the work as it is.  Ultimately, the complainant, in view of urgency, had to engage other manufacturer/ contractor to execute the incomplete work of installing UPVC Windows and doors, thus had to pay extra higher amount. Hence, this complaint has been filed alleging the said act & conduct of the Opposite Parties as gross deficiency in service.

 

2]       The Opposite Parties did not turn up despite having been served even through publication and hence they were proceeded exparte vide order dated 3.5.2019.

 

3]       Complainant led evidence in support of its contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint. Ann.A-1 (Order dated 1.8.2018) is evident of the fact that the complainant had placed an order of UPVC Windows and doors of the first floor (parted) of the new block upcoming Kindergarten Block in the School and the doors & windows were to be installed by 1.11.2018. Ann.C-2 & C-3 proves the payment of Rs.50,000/- & Rs.1,00,000/- made by the complainant to the Opposite Parties.  Ann.C-4 proves the improper installation of Doors & Windows by the Opposite Parties.  Ann.C-5 proves that the complainant had to engage the services of another party i.e. Lattice Kraft Industries and had to made payment of Rs.56,546/- to it for completing the work of installation of doors & windows.

 

6]       The complainant has not only proved the case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint.

 

8]       It is further observed that the OPs did not came forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the Opposite Parties have failed to complete the work of installation of UPVC doors & windows despite receiving handsome amount, and as such the complainant had to hire the services of other party as is evident vide Ann.C-5.  This annexure C-5 duly proves that the complainant paid Rs.56,546/- to get the work completed.

9]       All the pleas of the complainant have gone unrebutted and unchallenged in the absence of the OPs. Averments/allegations supported with duly sworn affidavit establish the deficiency as well as unfair trade practice on the part of the OPs. In this view of the matter, the complaint deserves to be allowed.  The same is accordingly allowed with direction to the Opposite Parties to make payment of Rs.56,546/- to the complainant.  The OPs are also directed to pay a compensation amount of Rs.15,000/- to the complainant for causing him immense mental agony and harassment, along with litigation cost of Rs.8,000/-.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

15^TH November, 2019                                                                                                                                                                           Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER