BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                            Complaint no.      174 of 2013         

                                                          Date of Institution:      27.9.2013

                                                          Date of Decision:     12.8.2016           

Jaivir Singh s/o Sh.Dalip Singh, aged 38 years,  r/o village Tajia Khera, tehsil and District Sirsa.

                                                                                  ………Complainant.

                                      Versus

Rohtash Jangra son of Sh.Devi Lal Prop. Sh.Vishvkarma Wood & Steel Works, near Bus stand Jamal road, Dhingtania, tehsil and distt.Sirsa.

                                                                              ……… Opposite party.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

   Before:              SHRI S.B.LOHIA…………………PRESIDENT

                             SHRI RANBIR SINGH PANGHAL ……MEMBER.  

Present:           Sh.Rakesh Pareek, Advocate for complainant.

                   Sh.K.L.Lamba, Advocate for Opposite party.

ORDER

          In nutshell,  complainant’s case is that he got prepared three panels (Chokhats) with ventilator (Roshandan) and a window (Jangla) from the Op for his new house for the sum of Rs.8915/-. Grievance of the complainant is that at the time of fitting of doors, Carpenter Sandeep s/o Surja Ram pointed out that the panels were undersized and Carpenter was unable to fit the doors. It is further alleged that ventilator and widows were also undersized, upon which complainant approached to the Op, who misbehaved with him. Hence, the present complaint.

2.                On notice, OP appeared and contested the case by filing reply that a sum of Rs.42320/- are to be paid by the complainant to the Op for which Op get issued a legal notice to him. He further replied that complainant got prepared a main gate, some panels, gate windows etc. from the Op on 23.6.2013 for which Op issued a bill no.35. The cost of these articles was Rs.42320/-, but complainant failed to pay the same till today. At the time of delivery of articles, complainant assured him to pay the amount of Rs.42320/- within a very short period and now in order to avoid the payment, he filed the present complaint.

3.                By way of evidence, complainant produced his affidavit Ex. C1, photographs Ex.C2 to Ex.C7 and copy of bill Ex.C8, whereas  the Op produced affidavit Ex.RW1/A, postal receipt Ex.R1, copy of bill Ex.R2 and copy of legal notice Ex.R3.

4.                We have heard learned counsels for parties and have gone through the record carefully.

5.                To prove the allegations of the complainant that articles prepared by the Op were undersized, there is no expert report on the record. Complainant further failed to file even affidavit of Carpenter who pointed out that the panels etc. prepared by the Op were undersized. On the other hand, to prove his version Op filed copy of legal notice alongwith bill no.35 dt. 23.6.2013, which shows that the Op delivered the various articles for Rs.42320/- including labour charges to the complainant on credit basis. In these circumstances, we are of the considered view that complainant failed to prove the allegations in the complaint. Accordingly, present complaint stands dismissed with no order as to costs. Copy of this order be supplied to the parties as per rules. File be consigned to record room.

Announced in open Forum.                                           President,

Dated:12.8.2016                    Member.                   District Consumer Disputes

                                                                                   Redressal Forum, Sirsa.