Haryana

Panchkula

CC/82/2015

AMARJIT KAUR. - Complainant(s)

Versus

RAJESH KUMAR. - Opp.Party(s)

COMPLAINANT IN PERSON.

16 Jul 2015

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	82 of 2015
Date of Institution	:	30.04.2015
Date of Decision	:	16.07.2015

                                                                                          

Amarjit Kaur Wife of Sh. Raja Singh, resident of M.S. Enclave, Dhakoli, (Zirakpur) Tehsil Derabassi, District S.A.S. Nagar (Mohali) Punjab.

 

                                                                                 ….Complainant

Versus

Mr. Rajesh Kumar, Prop. of R.K. Welding Works, Shop No. 20, Village Banna, Near Kheda, Sector 25, Panchkula, Haryana its Mobile nos. 9417250308 and 9216150308.

                                                                   …. Opposite party

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Quorum:               Mr.Dharam Pal, President.

Mrs. Anita Kapoor, Member.

                            

For the Parties:     Complainant in person.

OP already exparte.

ORDER

(Anita Kapoor, Member)

1. The complainant-Amarjit Kaur has filed this complaint against the OP with the averments that she contacted the OP to construct Iron Gate for her house.  OP has measured the dimension and space of her gate, place and told a sum of Rs. 56,000/- for preparing and fixing the main gate of iron at the house of the complainant.  The complainant has paid Rs. 35,000/- vide cheque no. 007607 dated 03.02.2015 (Annexure C-2) of Allahabad Bank in favour of OP as  a part payment.  After few days the OP demanded a sum of Rs. 21,000/- for fixing iron main gate at the house of the complainant and the complainant issued a cheque bearing no. 007619 dated 13.02.2015 (Annexure C-3) of Allahabad Bank in favour of OP.  The complainant requested the OP to issue final bill of Rs. 56,000/- which she had paid for preparing the main Iron Gate.  The complainant requested many times to issue a final complete bill with weight of gate but to no avail.  This act of the opposite party amounts to deficiency in service on his part. Hence, this complaint.
2. Notice was issued to the OP through registered post  and the same has not been received back served or unserved. It is deemed to be served and the OP was proceeded against ex-parte vide order dated 08.06.2015.
3. The complainant has tendered the evidence by way of affidavits Annexure C-A and C-B alongwith document Annexure C-1 to C-6  and closed the evidence.
4. We have heard complainant appearing in person and have also perused the record.
5. Admittedly, the complainant had paid Rs. 35,000/- vide cheque no. 007607 dated 03.02.2015 (Annexure C-2) of Allahabad Bank to the OP as a part payment for preparing and fixing the main iron gate at the house of complainant for which total amount of Rs. 56,000/- was demanded by the OP. After few days, the complainant had paid remaining payment through cheque bearing no. 007619 dated 13.02.2015 (Annexure C-3) of Allahabad Bank to the  OP. The complainant requested the OP to issue final bill of Rs. 56,000/- which she had paid for preparing the main Iron Gate but the OP did not issue the final bill alongwith weight of gate inspite of repeated requests. The complainant has also filed her duly sworn affidavits (Annexure C-A and C-B).
6. Moreover, the OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against him. The non-appearance of the OP despite notice shows that he has nothing to say in his defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the OP is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The OP is directed as under:-

(i)      To issue the final bill of Rs. 56,000/- received from the complainant alongwith weight of gate to the complainant.

(ii)     To pay an amount of Rs.10,000/- as compensation for mental agony, harassment and cost of litigation.

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

ANNOUNCED

16.07.2015                     ANITA KAPOOR                       DHARAM PAL

                                                MEMBER                           PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                 

                                                                   ANITA KAPOOR

                                                                    MEMBER