FINAL ORDER/JUDGMENT           

SHRI SWAPAN KUMAR MAHANTY,   PRESIDENT

In a capsuled form, complainant’s case is that on 10.10.2018, he received a work order from OP-2 South Kolkata Land Mark Compound Business Welfare Association for painting of exterior including boundary wall interior stare case, corridor and other allied areas and the value of the order is Rs. 17,43,682/-. As per work order, dated 10.10.2018 completion time of the work was two months from the date of commencement of work. OP-1 is the granter/confirming party of the said painting work. Complainant placed order to OP-1 to supply wall putty paints for an amount of Rs.  2,81,143/- and the OP-1 issued money receipts on different dates. In terms of the work order dated  10.10.2018, the complainant is bound to finish the work. Complainant finished the work and raised bill to OP-2 for payment. The OP-2 did not settle the bill amount on the ground of defective goods used. On account of non settlement of bill amount, the complainant suffered mental agony and he earned his livelihood out of painting work. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the complainant approached this commission with the instant complaint with the prayer for following reliefs, viz. - a) an order directing the OP-2 to clear all the dues, b) to direct the OP-1 to pay Rs.  2,00,000/- for mental agony and harassment c) litigation cost of Rs. 10,000/- etc.

Despite service of notices of the complaint, the OPs did not file their WV within the statutory period as provided under the CP Act 2019. Thus, the case runs ex parte against the OPs.

In support of his case, complainant files his E/chief supported by an affidavit. Complainant also relied the documents annexed with the complaint petition. Complainant also filed written argument.

We have heard the Ld. Advocate for the complainant. Perused the E/chief of the complainant coupled with materials on record.

The main grievance of the complainant is that he received  a work order from OP-1 on 10.10.2018 for painting of exterior including boundary walls and interior stair case, corridor and other allied areas of Land Mark Building and the value of the order was Rs. 17,43,682/-. Completion of work should be done within 02 months from the date of commencement of work.

Complainant in his evidence stated that he placed order to OP-1 to supply of wall putty paints for an amount of Rs.  2, 81,143/-. Payment was made to OP-1 against proper money receipts. The OP-1 provided materials to carry out the work order and liable to be issued warrantee certificate. It is true that complainant submitted bill to OP-2 for disbursement but the OP-2 did not settle the bill amount. Letter dated  18.04.2019 goes to show that the OP-2 informed the complainant that the work done is below par and does not meet the specification of  work order and requested the complainant to cure the defects or refund the entire amount. There is no document on the part of the complainant to establish that he cured the defects as mentioned in the letter dated 18.04.2019. The complainant himself vide letter dated 03.05.2019 confessed that he is ready to cure the defect subject to clear a part of bill amount. It is pertinent to mention here that in terms of work order the applicator and representative of OP-2 shall make dated 10.10.2018 the mode of measurement jointly. There is no document on record to show that measurement took place in presence of applicator and the representative of the OP-2 though complainant is a consumer under the CP Act, 2019.  For the reasons stated herein above, the consumer complaint is liable to be dismissed ex parte against the OPs.

        Hence,

Ordered

That the consumer is dismissed ex parte against the OPs but without any cost.

The OPs are directed to settle the claim amount of the complainant after joint inspection and measurement of the work fully mentioned in the work order dated 10.10.2018 within a period of 90 days from today.

Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.