23/07/2014- The reasons for delay in disposal of this appeal can be seen from the order sheet.

Heard Mr. Arbind Kumar Singh, learned Counsel, for the appellant.

1.  He submitted that the Complainant/Respondent / Mr. Pradipta Ray did not make M/s Kashish Developers Pvt. Limited - the Company as a party. The appellant Sunil Choudhary is one of the Directors of the Company and he is not solely responsible for the affairs and the liabilities of the said Company and therefore the impugned judgement passed against the appellant has to be set aside. 
2. It appears that the Complainant/ Mr. Pradipta Ray purchased  a flat from the appellant/ M/s Kashish Developers Pvt. Ltd. He complained that the floor of the flat was of inferior quality and the floor Marbles developed cracks, but the Developers did not rectify the same inspite of several requests. The Complainant claimed Rs. 4,42,400/- as principle amount and Rs. 2,96,000/- as compensation.
3.  The appellant contested the case inter alia on the ground that he was only one of the Director and was not liable for the liabilities of the said Company and that the Company was not made party in the Complaint Petition.
4. Learned District Forum appointed one Engineer as expert to check the floor of the flat of the Complainant.  The Engineer submitted a report showing that almost all the Marble pieces had got cracks.  The report further indicated that the floor Marbles were of very poor and inferior quality.
5. The appellant objected to the said report.
6. After considering the respective cases of the parties and the materials available on record, the learned Lower Forum directed the appellant to either replace the marble floors by marbles of good quality or to pay a sum of Rs.  1,00,000/- to the Complainant along with interest @9% from the date of filing of the case, within 90 days of the order, failing which the complainant will be entitled to recover the amount along with penal interest @ 12% per annum till the recovery.
7. It appears that Mr. Pradipta Ray / Complainant appeared in person before learned District Forum. He made – Sunil Choudhary, Kashish Developers Ltd., 87 Old A.G. Colony, Kadru, Ranchi – 834002 as Opposite Party.  From the sale agreement,   annexed with the memorandum of appeal, it appears that the appellant Mr. Sunil Choudhary has executed it as the Managing Director of M/s Kashish Developers Pvt. Ltd.  In the circumstances he cannot be heard to say that the company was not made party by the Complainant and therefore, the impugned order could not be passed against him, as he was only one of the Director.

We find no merit in this appeal.It is accordingly dismissed.

Issue free copy of this order to all concerned for information and needful.

                  Ranchi,

      Dated:- 23.7.2014