J U D G E M E N T:-
This is an order for the consumer complaint case filed by Shiv Charan Mahto secretary Kushwaha Dharamshala Parsotia Ramgarh for grant of Rs- 261800/- payment made to the opposite party, Rs- 83881/- for Reconstruction cost, Rs- 150,000 damages sustained by the Dharamshala, Rs- 338200/- cost of the article damages Rs- 50,000 for mental agony and Rs- 5000/- litigation cost Total Rs-888881/-.
1. The complainant contended in his complaint petition that Raj Kumar Kushwaha Ex-Secretary of Kushwaha Dharamshala paid Shri Nitish Kumar (Proprietor) M/S P.G Interior and Decorators to fixing false ceiling and paid opposite party Rs- 250,000/- through cheque No-
Sl.No | Cheque No | Date | Rupees | Bank Name | Branch |
1 | 764865 | 11/11/14 | 100000/- | UCO Bank | Ramgarh |
2 | 764867 | 21/11/14 | 75000/ | UCO Bank | Ramgarh |
3 | 273407 | 20/01/16 | 50,000/- | Bank of India | Ramgarh |
4 | 273402 | 17/02/15 | 20,000/- | Bank of India | Ramgarh |
5 | 273414 | 2/3/2015 | 5000/- | Bank of India | Ramgarh |
And apart from that the opposite party was paid 11800/- in cash and accordingly opposite party was paid Rs- 261800/- and the opposite party issued bill no- 90 dated 5/12/16 /11/3/16. Further according to the complaint petition the opposite party assured the complainant that the false ceiling shall not damage at list before two years but after some days the false ceiling began to fall and due to which the LED, the wiring system, CCTV camera extra was damaged and due to which the dharamshala has to face damage of Rs- 450,000/- and since the false ceiling failed the Managing Committee has to cancelled booking of the order and due to which the dharamshala sustained loss of Rs- 150,000/-.
2. It is further contended that and Advocate notice through the Learned Advocate Sri Chandrika Singh was sent on 06/06/16 against the opposite party to compensate the loss but the opposite party did not replied. The Complainant prayed for compensation and loss total amounting Rs-888881/-.
3. The complainant filed the case under the Consumer Protection Act the same was admitted and notice against the opposite party was issued through registered post vide letter no- 107 dated 07/09/2016 but the opposite party did not turned up and accordingly the case was fix for ex parte hearing in the absence of the opposite party on 07/12/2016.
4. The complainant in support of his claim has filed his statement and in support of the claim has filed some documents which are:- Bill no- 90 dated 05/02/2015 issued by M/S P.G Interior and Decorators for Rs- 261000/- the same was marked as Exhibit no-1. The complainant has also filed statement of account issued by U.C.O Bank which is Ext- 2.
5. In this case the opposite party has not turned up and accordingly there is nothing to rebut the contention of statement and claim of the complainant.
6. Considering the above facts and circumstances the Forum has got no option but to accept the claim of the complainant.
Accordingly
7. The forum allowed the claim of the complainant and the opposite party is directed to pay Rs- 261800/- along with interest @ 12% per annum from the date of filing of this complaint petition i,e is since 07/09/2016 till the actual payment and also the forum direct the opposite party to pay Rs- 40,000/- to compensate the complainant causing mental agony and the cost of the case within 60 days of the receiving of this order, failing which the complainant shall be entitled to get the order executed through to processes of the court.