Haryana

Fatehabad

CC/306/2021

Mahender Kumar - Complainant(s)

Versus

M/s Sajjan Kumar, Surender Kumar - Opp.Party(s)

Azad Singh Marothiya

10 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHABAD.

 

                                                          Complaint case no.        : 306 of 2021.

                                                          Date of Institution         : 03.12.2021.

                                                          Date of decision   : 10.12.2021

 

Mahender Kumar son of Kurda Ram resident of village Daulatpur Dhani near to River, Tehsil & District Fatehabad.

……. Complainant.

                                      Versus

 

M/S Sajjan Kumar Surender Kumar near Delhi Wala Hospital, G.T.Road, Fatehabad District Fatehabad, Haryana.

….…. Opposite party.

 

BEFORE:   Smt. Neelam Kashyap, President.

                   Smt.Sukhdeep Kaur,Member.

                                     

 

Present:       Sh.Azad Singh Marothia, counsel for complainant.

 

ORDER:

                   Brief facts of the present complaint are that the complainant is residing of village Daulat Pur. On 03.08.2021, the complainant visited the shop of Op  and took 30 Rods of Iron having width of 1½  inch and 10 feet long on rent of Rs.1000/- per day to be used for taking out the tube-well motor. The complainant also deposited Rs.500/- as advance. It has been further averred that Krishna Trading Company, Fatehabad was also made guarantor for this transaction.  Due to weak joints in the Roads taken by the complainant on rent, the motor alongwith Rods fell down and the labourers had to work for multiple times in order to take the motor and it took 60 days in this process. The complainant had to spend Rs.84000/- for 300 feet boring beside Rs.120000/- for diesel and labour etc. The complainant requested the OP to make the loss good but the Op refused to do so. The act and conduct of the Op clearly amounts to deficiency in service. Hence, this complaint.

2.                Heard.

3.                Learned counsel for the complainant has argued that the Iron rods taken by the complainant from Op for taking out the tubewell motor were very weak and were not capable enough for the said work and due to this the joint of the road got broken and the motor of tubewell alongwith iron rods fell down. The complainant had to bore the tubewell multiple times by spending more than Rs.2 lacs and it all happened due to deficiency in service on the part of the OP, therefore, the present complaint is maintainable and he has sufficient cause of action to file the complaint against the Op.

4.                After hearing learned counsel for the complainant and going through the material available on the case file it is clear that the complainant has no cause of action to file the present complaint and the same is not maintainable because except the complaint and affidavit of complainant he has not placed any reliable documents such as agreement/document prepared at the time of taking the iron rods on rent, receipt regarding depositing of Rs.500/- as advance. The complainant has neither placed even any document to show that Rs.1000/- were fixed as rent per day of the iron rods nor placed on record any evidence to show that Krishna Trading Company, Fatehabad was made a guarantor for the transaction. It is worthwhile to mention here that preamble of the Consumer Protection Act is benevolent in nature but it does not give any liberty to anyone to take undue advantage of the same. More-so, in this complaint the complainant has also failed to show on the case file that he had hired the service of Op. He also could not show sufficient evidence to the effect that what kind of deficiency in service the Op has made to him. There are no sufficient grounds to summon the OP and the present compliant deserves dismissal in limine being not maintainable before the present Commission. Accordingly, the present compliant is hereby dismissed in limine with no order as to costs. Copy of this order be sent to the complainant free of costs, as per rules. File be consigned to the record room after due compliance. 

Announced on: 10.12.2021                                     (Neelam Kashyap)

                                                                                       President

 

    

                   (Sukhdeep Kaur)

                                                                                       Member