Complainant Debasree Hazra W/o Abhik Hazra by filing this complaint has submitted that complainant is a tenant at 185, Bidhan Sarani, Kolkata- 700006 under the land lordship of Arun Kumar Gupta and said tenancy is actually in the name of Dilip Basak and after his death, the complainant along with her widow mother and brother inherited the right of tenancy and accordingly they are jointly in use and occupation the rented room after paying monthly rent with the Rent Controller, Kolkata.

          Op is the owner of an electric shop under the name and style of Roy Electric and carries on trade of repairing and installation of electrical fitting and fixtures and op no.2 approached to the complainant for doing the electrical works in the said rented room and he also claim himself as a licensed electrical contractor and relying on the said op’s said claim, complainant entrusted the ops with the said electrification work of the rented room and before starting the work, complainant demanded a bill from the op stating that the material to be supplied and rates charge for such materials as well as wages.  But op no.2 assured that he has no printed voucher and later on he would supply the bill for electrification job.

          Op no.2 received the amount of Rs. 27,000/- from the complainant with the assurance that the electrification charges would be limited to the said amount i.e. Rs. 27,000/- which was assessed by the op no.2 and accordingly on good faith complainant paid the said amount of Rs. 27,000/- to the op no.2 and on demand of receipt of the said amount of Rs. 27,000/-, op no.2 assured that the same will be given along with the bill.

          Thereafter completion of 75 percentjob of the complainant, op no.2 stopped the work and demanded a fictitious amount of Rs. 49,396/- and submitted a bill mentioned in different items which have not been installed at the said rented room.  Op no.2 though assured the complainant for supplying materials of reputed company but op no.2 actually installed local electrical goods. 

          Complainant stated that after lodging complaint with the Girish Park Police Station, regarding supply of poor materials as well as doing misbehavior with the complainant, op no.2 as per direction of the police station supplied the said bill, although the licensed number and the name of the company whose materials were used for fitting and fixtures at the said rented room were not supplied.

          Op no.2 failed to render proper service to the complainant and as such the dispute can be adjudicated by the Ld. Forum and complainant is entitled to get compensation of Rs. 50,000/- along with cost for not giving proper service to the complainant.  Accordingly this complaint is filed for redressal.

          Fact remains that in the present case op by filing written statement submitted that the husband of the complainant Sri Abhik Hazra called upon the op no.2 for electrical work and designing at his shop named “M/s. Royal Spoon”, a shop for fast food items situated at 185, Bidhan Sarani, Kolkata – 700006 on 20.02.2014 where it was settled between both the parties that the entire work including the charges for the labours and the cost of the materials for the area measuring about 180 Sq. Ft. would amount to Rs. 50,000/- more or less and after everything was decided between both the parties the op no.2 received the advance amount of Rs. 10,000/- on 23.02.2014 by the mother of the complainant for starting the work and gradually op no.2 along with his men started the work in the said shop room by removing the old wirings, cables etc. and the husband of the complainant ordered for fitting for 4 wall fans, switch board, wirings, MCB box, MCB, CFL lamps with shed along with other materials for the said shop room which amounted to Rs. 42,476/- out of which the husband of the complainant paid Rs. 27,000/-.

          Op no.2 along with his men fitted wirings, laid down the main line for the electric connection, electrical fittings like fans etc. along with various miscellaneous works being forced by the husband of the complainant and worked for 42 days in total for the entire work and for op no.2 charged from the husband of the complainant of Rs. 20,000/- and the husband of the complainant further ordered exhaust fans of 16” and 9” two in numbers which amounted to Rs. 6,920/-, but the complainant threatened op no.2 that they would not pay a single amount to him including his labour charges and due to harassing attitude of the complainant and her husband, op no.2 lodged a complaint against them before the Girish Park Police Station on 02.08.2014 and also before the Deputy Commissioner of Police, Central Division, Kolkata Police on 19.08,2014 u/s 420 of IPC.

          But all other allegations are denied by the op and in fact after completion of the entire work, op has submitted total bill and demanded Rs. 49,396/-, but complainant refused to pay the same and falsely filed this complaint.

                                                        Decision with reasons

          On proper consideration of the complaint and written version and also considering the argument as advanced by the Ld. Lawyer of the complainant and further relying upon the op, it is clear that the electrification fitting work were in respect of one shop room named as M/s. Royal Spoon, a fast food shop situated at 185, Bidhan Sarani, Kolkata – 700006 because from the bill it is found that op supplied in total four exhaust fans, four wall ceiling fans and someother items and also used different type of articles for the purpose of making it or completing the said work and now Roy Electric issued a bill in which complainant noted that he is not satisfied with the amount, so he needed five days for verification and repayment the amount.

          But in the said receipt complainant noted that he wanted all receipts against purchase of all articles.  But regarding supply and fittings of the said articles, there is no grievance.  Only the complainant is not satisfied about the amount.  But question of op is that he supplied everything of electrical work and submitted the bills along with labour charge etc. and it is not a rented room for domestic purpose.  But it is a rented room for commercial purpose that is the fast food hotel where work was done. 

          So, considering the own admission of the complainant, it is clear that complainant suppressed the fact that this electrical fittings, working and fixtures were made for rented room for not dwelling purpose.  But it was fixed for commercial purpose which is fact.  Another factor is that complainant’s own version as noted on the back of the bill reflects that he is not satisfied with the amount.  But after electrification of the said room and after getting service, complainant cannot challenge the same.  But before that there was no paper to show that what type of articles complainant required.

          On the contrary it is found that all articles were supplied including four exhaust fans in the said hotel room (fast food hotel) and after completion of the electrical work, op demanded the amount and complainant began to avoid to pay such amount and put such note.

          Most interesting factor is that Abhik Kumar Hazra noted that he needs five days for verification and repayment the amount.  But the peculiar factor is that complainant has not stated what amount op is entitled to get as per his verification.  But after proper consideration of the entire materials, we have gathered that deficient and negligent manner of service on the part of the op is not at all noted in the Bill on 22.06.2014, but only complainant noted that he need five days for verification he shall have to repay the balance amount to the op after verification.

          But fact remains that complainant however enjoyed the electric happily and later on question of incomplete work is not at all believable and practically this complaint is a false and fabricated one and truth is that Roy Electric is the seller of electrical goods and he submitted the bill after work and if it was the intention of the complainant to supply material then it is their duty to purchase and only labour of the op shall do the work.  But after proper consideration, we find that complainant only to avoid payment tried to raise deficiency and negligence on the part of the op and or supply of low quality electrical goods though there is no such agreement to get it.

          Nowadays it has become a practice to some complainants to file some false and vexatious complaint.  No doubt it is one of the vexatious complaints and in fact that the present complaint is filed by Debasree Hazra, W/o Sri Abhik Hazra and the entire complaint is full of false allegation for which this complaint fails.

          Hence, it is

                                                                 ORDERED

          That the complaint be and the same is dismissed on contest against the op with cost and for filing such sort of false complaint by the complainant, complainant shall have to pay penal cost of Rs. 10,000/- which shall be deposited to this Forum within 15 days failing which penal action shall be started for which complainant shall have to pay further penalty and fine.