Chandigarh

DF-I

CC/467/2023

ARUN GOYAL - Complainant(s)

Versus

M/S SRAATHREE TECHNOLOGIES PRIVATE LIMITED - Opp.Party(s)

SOURAV DUVEDI

18 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/467/2023
Date of Institution	:	25/09/2023
Date of Decision	:	18/11/2024

 

 

Mr.Arun Goyal S/o Mr. Rattan Lal R/o House No.771, Sector 43-A. Chandigarh.

....Complainant

 

VERSUS

 

1. M/s SRAATHREE TECHNOLOGIES PRIVATE LIMITED (Contractor)

 

R/o Plot No.390, Vikas Nagar, Mouli Jagran, Chandigarh, 160102 (Through its Director Sh. Amit Kumar)

2nd Address

Plot No.29, Vaishali Enclave, Phase 1, Baltana, Zirakpur, Tehsil Derabassi, Distt. SAS Nagar, Punjab.

 

2. SH. AMIT KUMAR, Director of M/s SRAATHREE TECHNOLOGIES PRIVATE LIMITED (Contractor)

 

R/o Plot No.29, Vaishali Enclave, Phase I, Baltana, Zirakpur, Tehsil Derabassi, Distt. SAS Nagar, Punjab.

 

3. MR. MOHMAAD USMAN (authorized person of M/s SRAATHREE TECHNOLOGIES PRIVATE LIMITED (Contractor)

 

R/o Plot No.390, Vikas Nagar, Mouli Jagran, Chandigarh, 160102.

 

....Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Sourav Duvedi, Advocate for Complainant.
	:	Sh.Manoj Kumar Gaur, Advocate for OPs (OPs ex-parte).

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant is owner of the House No.771, Sector 43 A, Chandigarh and is residing in the said house. Complainant with the dreams of living in his home with better quality and standards, starts searching contractor for the renovation of his house. In his search Complainant got reference from someone and met OP No.3 at their office. Authorized person of OP no.1 met many a times and painted a rosy picture before Complainant and showed that he will renovate the house in less time as required by Complainant and with ultra-premium quality, material. Further, OP No.3 assured that he has a team of skilled labour. Thus, trusting on the assurance and pictures shown by OP No.3. Complainant accepted OPs offer and hired OPs to renovate the house. The OPs and Complainant entered into an agreement for renovation of house for First, Second and Ground Floor i.e. House No.771, sector 43-A, Chandigarh. Further, OPs also assured that they would complete the whole work within 6 months i.e. on 21.09.2022 (Annexure C-1). Complainant never defaulted in making timely payments and paid OPs as per the terms and conditions of the contract. Accordingly, Complainant had paid an amount of Rs.39,65,000/- upto 26.06.2023. However, the total cost of the project was Rs.45,00,000/-included GST for all the renovation work of the house as per contract (Annexure C-2 colly). Inspite of receiving all payments on time OPs violated the terms of contract and OPs have not done work as per contract. Whole work done by OPs is of very unskilled manner and material used by OPs is of sub-standard material whereas OPs charged the Complainant for using high standard material. The Complainant objected OPs a number of times during the said work but OPs assured Complainant that they will fix all the defects. OPs used very low-quality material and the material easily chips off from the walls with a mere scratching of the wall with fingers, secondly, tiles at first floor fixed by OPs with very unskilled manner and tiles were broken after affixing it due to not affixing with proper material underneath them on the floor and also floor tiles on the first floor and the second floor are not fixed with proper material and due to this reason floor tiles are giving unwanted noise while walking on the floor. Further, OPs also left the paint work for house in between and it was not completed till date and bathroom glass not affixed even after receiving the payments for the same Moreover, OPs started the work for stair's railing but that was also left in between without completing it. OPs received the payment for the Front Elevation Glass but they never supplied as we affixed it till date. Due to bad quality works done by OPs Complainant (Annexure C-3 Colly). During the renovation work of First Floor and Second Floor, Complainant has a number of times raised his grievance with OPs that work done by them is not as per the agreed contract and further Complainant pointed out the flaws/defects in the renovation work done by OPs, but OPs have turned deaf ears to the grievances raised by Complainant and delaying the matter on one pretext or other (Annexure C-5). Then OPs have left the whole work in between and their labour is not coming on site after dated 26.06.2023. Hence, is the present consumer complaint.
2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite following proper procedure, therefore they were proceeded ex-parte on 23.11.2023.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the parties and gone through the record of the case.
5.     The main grievance of the complainant is that inspite of paying Rs.39,65,000/- against the total cost of the project of Rs.45,00,000/- (which included GST as well), OPs violated the terms & conditions and have not completed the renovation work of the house in question as per contract. Moreover the OPs have done the work from unskilled workers and the material used is also of substandard material.
6.     During the course of arguments, the learned Counsel for the OPs has argued that on the similar cause of action as raised in the present complaint, the complainant has filed the Civil Suit before the Civil Courts, Chandigarh and the same is pending adjudication and as such the complaint filed by the complainant is not maintainable and the same is liable to be dismissed. The said fact has not been disputed by the learned Counsel for the complainant.
7.     After going through the rival submissions of the parties and the arguments addressed by the learned counsel for the parties, it is observed that when a Civil Suit No.CS/1482/2023 on the same cause of action as raised in the present complaint is pending adjudication before the District Courts, Chandigarh, the complaint filed by the complainant before this Commission is not maintainable and as such the same deserves to be dismissed. 
8.     In this view of the matter, the complaint is dismissed being not maintainable. However, the complainant may agitate the issues raised herein in the complaint in the Civil Suit which is already pending in the District Courts, Chandigarh.
9.     Pending miscellaneous application, if any, also stands disposed of.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

18/11/2024			[Pawanjit Singh]
Ls			President
			[Surjeet Kaur]
			Member
			[Suresh Kumar Sardana]
			Member