Complainant Malwinder Singh Bajwa has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to replace the above mentioned gates or to pay Rs.1,05,500/- alongwith labour charges Rs.5,000/- with 24% P.A. interest from the date of its due till its realization and also to pay Rs.30,000/- on account of compensation for harassment and mental agony and Rs.10,000/- as litigation expenses to him in the interest of justice, equity and fair play.

2.       The case of the complainant in brief is that he is an N.R.I. and is resident of above mentioned address and he is having a very good reputation in the area. It was pleaded that opposite party is running a workshop on the name and style of M/s. Goraya Steel Works and is doing the work of manufacturing of gates and grills. It was further pleaded that on April, 2018 complainant placed an order with the opposite party for preparing two steel and iron gates measuring 10x10 and 3x10 and a grill for stairs for his house and opposite party gave guarantee to him that steel and iron of these gates and grills are of high quality and will not be damaged for five years. Opposite party prepared the above said two gates and affixed a fibre sheet L-Stone in it whereas opposite party was not directed by the complainant for the same and opposite party received Rs.1,05,000/- on 10.04.2018 vide bill No.71 dated 10.04.2018  and also received labourer charges from the complainant and installed the above said gates and grills in the house of the complainant in his absence. It was also pleaded that it was noticed by the complainant that the steel of the gates was not same as shown by the opposite party at the time placing the order and was of very inferior quality and fibre fixed in the gate was also of very poor quality and the same was damaged/lousy after 3-4 months and gate was also not properly installed as it was not opened properly. It was next pleaded that complainant approached the opposite party many times with the request to replace the two steel gates as it was damaged within the guarantee period and opposite party also gave assurance to him that they will replace the said gates of the complainant but opposite party has made one pretext to another. Complainant also sent a legal notice to the opposite party through his counsel but the opposite party has not given any satisfactory reply through his counsel Gautam Chopra, Advocate vide his reply dated 31.10.2019 and also by not changing the gates of the complainant opposite party has clear cut deficiency in service on their part, hence this complaint.

3.       Notice was issued to the opposite party but the R.C. of the opposite party had not been received back and by taking the presumption, opposite party was ordered to be proceeded against exparte vide order dated 04.02.2020.  

4.       Complainant alongwith complaint has filed his affidavit Ex.C1, copy of bill dated 11.04.2018 Ex. C2, legal notice dated 25.10.2019 Ex.C3, postal receipt Ex.C4, reply of the notice dated 31.10.2019 Ex.C5 and copy of Aadhaar Card Ex.C6.

5.       We have carefully gone through the pleadings of the complainant and have also appreciated the evidence produced on record with the valuable assistance of the complainant for the purposes of adjudication of the present complaint.

6.       Present complaint is filed by the complainant regarding non-replacement of poor quality steel gates and grills prepared and supplied by opposite party.

7.       Complainant placed a bill dated 11.04.2018 as Ex.C2 issued by opposite party for payment of two gates and grills amounting to Rs.1,05,500/-.

8.       It is alleged by complainant that he placed an order for two steel gates and grills with the opposite party as given in the bill Ex. C2. Quality was shown to the complainant by the opposite party at the time of order. But opposite party has prepared and supplied the inferior quality gates and grills than as shown at the time of order. It is also alleged that opposite party has fixed it in the absence of the complainant.

9.       Further, it is alleged by the complainant that he has approached the opposite party number of times but he has not replaced the material inspite of assurance given by him.       A legal notice was served by the complainant to the opposite party.

10.     Opposite party has not replied to the complaint and ordered to be proceeded as exparte vide order dated 04.02.2020.

11.     Complainant placed on record the reply given by opposite party to the legal notice Ex.C5. Opposite party has admitted for the supply of gates and grills and receiving of payment of Rs.1,05,500/- as per bill issued by opposite party.

12.     From the evidential part, it is proved that the complainant time and again approached opposite party for removal of his grievance but was unnecessarily harassed by opposite party which amounts to deficiency in service on the part of opposite party. The opposite party did not bother to appear in the Commission and prefer to proceed exparte vide order dated 04.02.2020 and also failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either opposite party admit the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed. Hence we are of this view that present complaint can be best disposed of by giving directions to the opposite party.

13.     In view of the above said discussion by considering the circumstances and facts of the case the complaint is partly allowed and opposite party is hereby directed to refund Rs.1,05,500/-, the amount paid by complainant with 9% interest from the date of payment till the realization of the same within 30 days of issue of this order. However, opposite party is at liberty to take back the defective articles at their own expenses.

14.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

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

  (Naveen Puri)

                                                                  President.                         

ANNOUNCED:                                   (B.S.Matharu)

MAY 13, 2022.                                            Member.

YP.