Haryana

Ambala

CC/187/2019

V.L. Kohli - Complainant(s)

Versus

Randhir Singh Carpenter - Opp.Party(s)

26 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.:  187 of 2019.

                                                          Date of Institution          :  28.05.2019.

                                                          Date of decision   :  26.08.2019.

 

V.L. Kohli, Chanderpuri, P.O. Kuldeep Nagar, Ambala Cantt - 133004.

 

                                                                                       …. Complainant.                                                  Versus

 

Randhir Singh, Carpenter s/o Shri Harbhajan Singh, r/o near Tote ki Dairy, Village Machhonda, P.O. Kuldeep Nagar, Ambala Cantt- 133004.

 

               ..…. Opposite Party.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.                 

                            

Present:       Complainant in person.

OP ex-parte.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to him:-

1. To refund amount of Rs.6,200/-, taken in advance.
2. To pay Rs.29,115/- cost of the material.
3. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by him.
4. To pay Rs.15,000/- as litigation expenses.
   382.  

Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that the complainant hired the services of the OP for preparation of an almirah/showcase in his drawing room in the year 2018. He found the work of the OP satisfactory and cleared all the dues. The OP told him that he had been working in the bazaar and had made several showrooms and modern/modular kitchens. Allured by the OP, he engaged him for renovation of his kitchen. On the asking of the OP, he purchased the material worth Rs.29,115/- (Rs.24,585/- + Rs.4,530/-). All the material was purchased in piecemeal with his consent from the recommended shops and of selected brands. The OP started doing work, in the first week of December, 2018. He removed all the previous fittings and broke some masonry walls below the kitchen slab. He cut the plywood, aluminium rods etc. and started their fitting randomly. One fine evening, the OP told him about his family problems and requested to pay Rs.5,000/- in advance, which was duly paid to him. On the next day, the OP demanded Rs.700/- to buy some petty items from the market, which was also paid to him, but he bought nothing. On the next day, the OP did not showup to work. Whenever, the complainant contacted him telephonically and in person, he always gave one or other excuses. On 26.12.2018, the complainant sent a notice to the OP through registered post. After receipt of said notice, on 11.01.2019, the OP approached him and apologize and gave undertaking to resume the work from 14.01.2019 to complete the work. From 14.01.2019 to 18.01.2019, the OP worked for 2 to 3 hours daily and cut the ply wood in several pieces, pasted sun mica and prepared two box type structures. The OP neither explained the purposes of these structures nor fixed them in the kitchen. In the evening, the OP demanded Rs.500/- for purchase of medicines for his ailing wife and children, which was paid to him. Thereafter, the OP did not turn up. The complainant made several efforts to contact him, but all in vain. On 08.03.2019, he sent a legal notice through registered post, as per postal track, the same was delivered to the OP on 09.03.2019, but the OP had not replied the same. Due to the callous behaviour of the OP, all the material purchased by him for renovation, got ruined. By not completing the work, the OP has committed deficiency in service. Hence, the present complaint.

2.                Upon notice, none appeared on behalf of the OP before this Forum, therefore, he was proceeded against ex-parte vide order dated 17.07.2019.

3.                The complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-19 and closed his evidence.

4.                We have heard the complainant and carefully gone through the case file.

5.                The complainant has submitted that he hired the services of OP for renovation of his kitchen and on his advice, he purchased the material worth Rs.29,115/-, as is evident from Annexure C-6 to C-14. The OP started doing work in the first week of December, 2018. Despite taking Rs.6200/- in advance, the OP did not turn up to complete the work, as a result whereof, all the material purchased by the complainant for renovation, got ruined, therefore, the OP is liable to pay an amount of Rs.35,200/- (Rs.29,000/- as cost of the material + Rs.6200/- taken in advance) to him. The OP is also liable to compensate the complainant for the mental agony and physical harassment caused to him alongwith litigation charges. This contention of the complainant has gone unrebutted, as the OP preferred not to appear before this Forum despite service. Thus, we have no option but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents. From the perusal of letter dated 26.12.2018, written by the complainant to the OP, it is evident that the complainant had paid total in advance Rs.6,200/- (Rs.5000+Rs.700+Rs.500) to the OP. The said fact has fairly been admitted by the OP, as is evident from the Undertaking-cum-Apology dated 11.01.2019. Since due to non completion of the work by the OP, all the material purchased by the complainant got ruined, therefore, the OP is not only liable to refund Rs.6,200/- taken in advance by him, but is also liable to pay the cost of material i.e. Rs.29,000/-, in total Rs.35,200/-. The OP is also liable to compensate the complainant for the mental agony and physical harassment caused to him alongwith litigation charges.  

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To pay Rs.35,200/-.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :26.08.2019.

 

 

          (Vinod Kumar Sharma)       (Ruby Sharma)                  (Neena Sandhu)

              Member                            Member                            President