Haryana

Sonipat

CC/231/2015

Shri Ramphal Dahiya S/o Shiv Kumar - Complainant(s)

Versus

M/s Rahul Paints Sanitary & Hardware - Opp.Party(s)

Pankaj Kumar

27 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

Complaint No.231 of 2015                             Instituted on:20.07.2015

                                Date of order:27.11.2015

 

Ram Phal Dahiya son of Shiv Kumar, resident of village Turkpur, tehsil and distt. Sonepat.

 

                                           ..Complainant.

 

                   Versus

 

1. M/s Rahul Paints Sanitary & Hardware Store through its prop. Jitender Singh alias Jeetu, at Main Bus Stand, Mandaura, Sonepat.

2. Satyawan son of Mauji Ram, r/o village Mandaura, Sonepat.                                                                                  ..Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

BEFORE-    NAGENDER SINGH-PRESIDENT.

PRABHA DEVI-MEMBER.

D.V. RATHI-MEMBER.

 

Argued by: Shri Pankaj Kumar, Adv. for complainant.

Respondents ex-parte.

 

O R D E R

 

        The present complaint has been filed by the complainant against the respondents alleging therein that he had purchased all branded material as was suggested by the respondents i.e. respondent no.1 is the dealer of the shop and respondent no.2 is the contractor for white wash. The respondent no.1 has received Rs.32500/- from the complainant and the complainant also incurred Rs.20,000/- as labour charges. But all the paint of outside portion of the house has fell only in a single rain.  The paint of inside of the house has also fell in the shape of layers due to inferior quality of material.  The complainant reported the matter to the respondent no.1 and 2.  On 15.5.2015, the respondent no.1 alongwith one Sardar Ji(company official) came and inspected the site and gave assurance to the complainant that they will give fresh material and loss of labour to the complainant, but of no use.  Even the legal notice sent to the respondents by the complainant on 25.5.2015 has also not brought any fruitful result and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint

2.       On receipt of the notice, Shri Jitender and Satyawan appeared before this Forum on 26.8.2015, 18.9.2015, 14.10.2015, 21.10.2015 and when the case was fixed for 6.11.2015 for filing reply by the respondents, none has appeared on their behalf and due to this, the respondent no.1 and 2 were proceeded against ex-parte vide order dated 6.11.2015.

3.       We have heard the ex-parte arguments advanced by the complainant and have also gone through the entire relevant record placed on the case file very carefully.

4.       Ld. Counsel for the complainant has submitted that the respondent no.1 has supplied the inferior quality of material for white wash of the house of the complainant and due to this, paint of the outside and inside portion of the house of the complainant has started to fall and this has caused huge financial loss besides unnecessary harassment and mental agony to the complainant.  The complainant has placed on record the photographs to prove the poor quality of the material supplied by the respondent no.1.

         In the present case, opportunity was given to the respondent to come present before this Forum and to defend the case.  But this opportunity has gone waste as the respondents after appearance failed to file their reply and instead of filing their reply, they have failed to appear before this Forum and were proceeded against ex-parte.  Thus, we

are unable to ignore the pleadings of the complainant. Accordingly, we hereby direct the respondent no.1 to make the payment of Rs.32500/- to the complainant and similarly the respondent no.2 is hereby directed to refund the labour charges to the tune of Rs.20,000/- to the complainant.  The respondents no.1 and 2 are also further directed to pay Rs.one thousand each to the complainant for rendering deficient services, harassment and under the head of litigation expenses. The present complaint stands allowed ex-parte with the directions to the respondents to make the compliance of this order within one month from the date of passing of this order.

        Copy of this order be also sent to the respondents for information and its strict compliance.  File be consigned after due compliance.

 

 

(Prabha Wati) (D.V.Rathi)           (Nagender Singh)           

Member,DCDRF, Member, DCDRF,          President, DCDRF

Sonepat.      Sonepat.                Sonepat.

 

 

Announced  27.11.2015