Haryana

Bhiwani

CC/2/2024

Om Parkash - Complainant(s)

Versus

Sadhu Ram - Opp.Party(s)

Roshan Sharma

15 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                     Consumer Complaint No. : 02 of 2024

                     Date of Institution             : 03.01.2024

                                                              Date of Decision               : 15.07.2024

 

Om Parkash Sharma, Advocate R/o Vidya Nagar, Bhiwani, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

Sadhu Ram son of Sh. Chandgi, Jindia Thekedar, R/o village Nathuwas, Tehsil and District Bhiwani now residing at near house of Mangal Singh Tehsildar, Village Ninan, Tehsil and District Bhiwani.

 

….. Opposite Party

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Roshan Sharma, Advocate for complainant.

                    OP exparte vide order dated 20.02.2024.

 

ORDER

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that OP is contractor for Paint & colours in houses. So, complainant entered into a contract with OP for doing paint and colours in his house in a sum of Rs.1,30,000/-, in which, all the material viz. paint, brushes and labour etc. were of OP. As per contract, OP had to complete the work by 30.09.2023 otherwise, OP had to pay double of the amount so paid by complainant.  It is submitted that complainant paid Rs.50,000/- through cheque No.032069, Rs.40,000/- through cheque No.032070 and Rs.16,000/- cash to the OP and thus paid a total sum of Rs.1,06,000/- and remaining amount of Rs.24,000/- was to pay after completion of the work.  It is alleged that OP left the work midway and ran away and grabbed Rs.1,06,000/- of complainant and spent 19 days of September, October and November and thus complainant is entitled to Rs.2,12,000/- i.e. double of the amount so paid by him. Complainant has submitted that due to negligent work of OP, work of paint etc. could not completed in time and due to stoppage of work, people of society were asking various questions from complainant which has affected social reputation, mental and physical harassment besides huge monetary loss. It is submitted that complainant had to complete the work from another contractor for which, he had to incur additional amount of Rs.60,000/-. Legal notice dated 19.12.2023 was sent to OP but of no use. Hence, the present complaint has been preferred by complainant alleging negligent behavior and deficiency in service on the part of OP resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OP to pay Rs.2,12,000/- alongwith interest @ 18% per annum upto date from 04.09.2023 till its realization. Further to pay Rs.60,000/- which paid by complainant to the another contractor and to pay Rs.50,000/- towards compensation for harassment. Rs.5500/- has also been sought as litigation expenses. Any other relief, to which this Commission deems fit, has also been sought.

2.                 Notices was to the OP but it did not bother to appear and was proceeded against as exparte vide order dated 20.02.2024.

3.                 Complainant in order to prove his case has placed on record his affidavit Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-4 and closed the evidence.

4.                 We have heard learned counsel for complainant and perused the record carefully.

5.                 Learned counsel for complainant has argued that as per oral agreement, OP had to work of whitewash & paint etc. in the house of complainant in Rs.1,30,000/-. In the said amount, cost of material and labour were included and for this purpose, complainant paid Rs.1,06,000/- to the OP. Out of which, Rs.50,000/- & Rs.40,000/- through cheques as is clear from bank account statement Ex. C-1 and rest of Rs.16,000/- was given in cash. It is argued that OP had work only for Rs.70,000/- and the rest of work complainant had to do from another contractor who took Rs.60,000/- as per receipt/writing  Ex. C-4.  The counsel has further argued that thus Rs.36,000/- are left towards the OP.  However, the counsel has vehemently argued that since the OP has left work in the midway and break the terms of contract, therefore, complainant has to feel ashamed and has to incur more money and time period in getting the work completed, which has caused him mental and physical harassment and financial loss. As such, the OP may be directed to pay double of the amount so paid by complainant to him as well as other relief as prayed for in the complaint.

9.                 After hearing learned counsel for complainant and going through the record, we have observed that the work of paint and whitewash etc. in the house of complainant was to be done by OP in Rs.1,30,000/-. Admittedly, the OP has work of paint and whitewash etc. for Rs.70,000/-.  Further, admitted by complainant that he did complete the work from another contractor who took Rs.60,000/- which means that anyhow, the cost of work was to Rs.1,30,000/-. As admitted by complainant, Rs.1,06,000/- was given to OP and thus Rs.36,000/- is left towards the OP for which he has not done the work.  Since, there is no written agreement on record between complainant and OP qua work of paint etc. in the house of complainant, therefore, the plea of complainant to direct the OP to pay double of the paid amount is not tenable and thus it is declined. Also there is no record on file qua payment of Rs.16,000/- given to OP in cash.

10.               In totality of the facts and circumstances of this case, we have come to conclusion that it will be suffice to meet the ends of justice, if the OP is directed to pay Rs.20,000/- (Rs.90,000/- - Rs.70,000/-) to the complainant alongwith interest. However, by the act & conduct of OP, complainant must have suffered mental and physical harassment apart from financial loss and has to knock the doors of this Commission for getting redressed his grievance for which he has also to incur handsome amount on it. Accordingly, the complaint is allowed and OP is directed to comply with the following directions within 30 days from the date of passing of this order:-

(i)       To refund Rs.20000/- (Rs.Twenty thousand) to the complainant, alongwith simple interest @ 9% per annum from the date of filing of this complaint till its realization.

(ii)      Further to pay Rs.5000/- (Rs. five thousand) as compensation for harassment.

(iii)     Also to pay Rs.5500/- as litigation expenses.

                    In case of default, the OP shall liable to pay simple interest @ 9% per annum on the aforesaid awarded amount for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:15.07.2024