Chandigarh

DF-II

CC/71/2020

Naresh Sharma - Complainant(s)

Versus

Om Parkash Gupta - Opp.Party(s)

Adv.Balwinder Singh & Sahil Arora

24 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	71 of 2020
Date  of  Institution	:	30.01.2020
Date   of   Decision	:	24.04.2023

 

 

 

 

 

Naresh Sharma s/o Late Sh.Tara Chand Sharma, aged about 65 years, Resident of House No.1121, Sector 29-B, Chandigarh

            …..Complainant

 

Versus

 

Om Parkas Gupta, resident of House No.26 or 190, Village Badheri, UT, Chandigarh

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

                               

Argued by    : Sh.Sahil Arora, Counsel of complainant

                OP exparte.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

             The complainant has filed the present complaint pleading that he has agreed with the OP to get his house renovated by the OP, who claimed himself to be specialist in renovation work of the houses.  The OP agreed to get both the houses of the complainant & his son renovated for Rs.2,25,000/-, but the complainant has noticed that after some time there is a leakage of water from the 2^nd Floor of the house and it is also noticed that bathroom tiles were not fitted properly by the OP.  The complainant requested the OP to repair the leakage but the OP refused to do so.  Thereafter on 4.9.2019, the complainant reported the matter to the Police against the OP and the OP agreed to do the necessary repair work, but the OP did not do the same with proper care and dedication and even after the repair, the roof of the house was still leaking.  Due to the leakage of the water even the neighbour slipped down from the stairs and his affidavit is placed on record as Ann.C-6 wherein Mr.Awadh Naresh Pandey stated that due to wrong construction done by the contractor Sh.Om Parkash Gupta-OP, the water stored in 2/3 stairs in the rainy day due to which a number of times many people slipped from the stairs.  The complainant further stated that he has contacted another contractor namely Noushad for repairing the house and he repaired the house and the complainant paid him Rs.21000/- for the defective work done by the OP-Om Parkash Gupta.  The details & receipt of amount which is paid to Sh.Noushad is placed on record as Ann.C-7, which proves that the complainant has paid Rs.21,000/- to the above said person due to deficient work done by the OP.

 

2]      Notice of the complaint was sent to the OP. The OP did not appear before this Commission despite service of notice and therefore, he was proceeded exparte vide order dated 12.4.2022. 

 

3]      Parties led evidence in support of their contentions.

 

4]      We have heard the ld.Counsel for the complainant and have gone through the entire record.

 

5]      The non-appearance of the OP shows that the OP has nothing to say in his defence and therefore he did not come forward to place on record his defence before this Commission.

 

6]      Taking in view of the facts & circumstances that the complainant Sh.Naresh Sharma has stated in his affidavit that due to the defect in the workmanship of the OP contractor, the water stored in the stairs and also taking into consideration the fact that the repair was again done by Mr.Noushad on receiving payment of Rs.21,000/- from the complainant, it is proved that there is defect in workmanship by the previous contractor of the complainant namely Om Parkash Gupta-OP. Therefore the present complaint is allowed with direction to the OP to pay Rs.21,000/- to the complainant along with interest @9% from the date of filing this complaint till its actual realization to the complainant.   

        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced

24^th April, 2023                                                                        

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER