Chandigarh

DF-II

CC/391/2023

M/S RSL DISTILLERIES PVT. LTD - Complainant(s)

Versus

M/S BEAUTEX INDUSTRIES PVT.LTD - Opp.Party(s)

KRITIKA UPADHYAY

11 Nov 2024

ORDER

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

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Consumer Complaint  No	:	391 of 2023
Date  of  Institution	:	31.07.2023
Date   of   Decision	:	11.11.2024

 

 

 

 

M/s RSL Distilleries Pvt. Ltd. having Regd. Office at SCO No.49-50, Sector 8-C, Chandigarh through its Authorized Person Sanjeev Sharma s/o Krishan Gopal Sharma R/o H.No.46, GF, Shivjot Enclave, Kharar, SAS Nagar, Mohali.

             … … … Complainant

 

Versus

1.  M/s Beautex Industries Pvt. Ltd. through its Director/Authorized Person having its Regd. Office at SCO 08, Ground Floor, Sector 82, JLPL, SAS Nagar, Mohali 140308.

2. Prabhjot Swaranjit Dhody, Director/Authorized Person of M/s Beautex Industries Pvt. Ltd., SCO 08, Ground Floor, Sector 82, JLPL, SAS Nagar, Mohali 140308.

3. Natasha Dhody, Director/Authorized Person of M/s Beautex Industries Pvt. Ltd., SCO 08, Ground Floor, Sector 82, JLPL, SAS Nagar, Mohali 140308.

4. Rajinder Singh, Director/Authorized Person of M/s Beautex Industries Pvt. Ltd., SCO 08, Ground Floor, Sector 82, JLPL, SAS Nagar, Mohali 140308

   … … … Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.BRIJ MOHAN SHARMA,     MEMBER

                               

Argued by:    Ms.Kritika Upadhyay, Counsel for Complainant.

Opposite Parties(OPs) ex-parte.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       As per averments made in the complaint, on 07.03.2022, the complainant has placed work order with OP for supply & installation of Grun Aluminium System (Windows & Doors) total amounting to Rs.25,77,000/- and as per terms and conditions, Guarantee/Warranty was for a period of 12 months from the date of successful installation. It is stated that an amount of Rs.24,02,270/- for work order was duly paid on 31.03.2022.

    It is stated that as per the terms and conditions of the agreement i.e. work order, OP was obligated to install high quality Grun Aluminium Doors and Windows that would consist of mat finish. Upon completion of the installation, it became apparent that the work done by OP was not satisfactory as the same was of poor workmanship. The doors provided by OP were of poor quality and did not meet the expected standards outlined in the work order. The doors installed by OP are unable to close properly, they do not align with the door frames, resulting in significant gaps. The screw installed in the doors are of different colors, somewhere it is black somewhere silver. It is stated that doors and windows provided by OP are made from inferior materials as in the work order it has been mentioned that Profile from NAPCO (Oman), Hardware from GEZE (German), Glass from Saint Gobain (India), however, no trademark of any brand neither the quality looks like the brand have been mentioned. They lack durability, strength and necessary insulation properties, thereby failing to provide adequate protection against external elements such as noise, dust, weather conditions etc. The complainant has also pointed out some of the main discrepancies that top profile/frame of the doors panel is not straight, many scratches on the frames/profile, water levels of the panels is not maintained, quality of rubber gasket/beading is very poor, the door panels are bubbling. It is stated that the aforesaid defects/discrepancies were brought into the notice of OP but the OP failed to remove/rectify the defects. A legal notice dated 30.08.2022 was served upon the OP & after receiving the notice, the OP replaced the glass partition of one cabin only, but the changed glass partition is also not upto the mark. The substandard quality of material used caused loss and damages to the complainant. Alleging the aforesaid act of OP deficiency in service and unfair trade practice on their part, this complaint has been filed with a prayer to refund Rs.24,02,270/- along with interest, compensation for mental agony, harassment & financial hardship suffered by complainant and litigation expenses. 

 

2]       The OPs did not turn up despite service of notice, hence, OPs were proceeded ex-parte vide order dated 29.09.2023.    

3]       Complainant led evidence in support of its contention.

4]       We have heard the learned counsel for the complainant and have gone through entire documents on record.

5]      The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures C-1 to C-11. Annexure C-1 is copy of Board Resolution in favour of Sanjeev Sharma vide which he has been authorized by complainant RSL Distilleries Pvt. Ltd. to file, appear & contest the case. Annexure C-2 is copy of Aadhar Card of Sanjeev Sharma. Annexure C-3 is the copy of the Work Order dated 07.03.2022, alongwith terms & conditions, for supply and installation of Grun Aluminium System (Windows & Doors). Annexure C-4(colly) are the photographs of defected doors and windows. Annexure C-5 is copy of Minutes of Meeting dated 15.07.2022 whereby defects have been admitted by the OPs. Annexure C-6 is copy of statement of account. From this document, it is proved that the complainant paid a sum of Rs.24,02,270/- for supply and installation of Grun Aluminium System by OPs. Copy of legal notice alongwith postal receipts are Annexure C-7 to C-11. The complainant has specifically deposed in his affidavit that the work done by OPs was not satisfactory due to poor workmanship or due to substandard quality of material used and OPs failed to remove/rectify the defects despite the fact the same was covered under warranty. Otherwise also, the allegations made in the complaint have gone unrebutted and uncontroverted as nobody appeared on behalf of the OPs to contest the case. Non-replacing of the faulty/poor quality material within the warranty period despite repeated requests of the complainant definitely amounts to deficiency in service and adopting unfair trade practice on the part of the OPs. 

 

6]       As a result of the above discussion, the complaint is partly allowed with a direction to the OPs to refund Rs.12,01,135/- (50% of Rs.24,02,270/- paid by complainant for supply and installation of Grun Aluminium System Windows & Doors) to the complainant within a period of 45 days from the date of receipt of certified copy of this order failing which OPs shall be liable to pay interest @ 9% p.a. of the above mentioned amount thereafter.

 

7]       The pending application(s) if any, stands disposed of accordingly.

 

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules 2020 & Act 2019 respectively. After compliance file be consigned to record room.

Announced

11.11.2024                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (BRIJ MOHAN SHARMA)

MEMBER

as