Punjab

Rupnagar

CC/20/28

Tejinder Singh - Complainant(s)

Versus

SJ Aluminum Fabrication & Interior Design - Opp.Party(s)

Kamal singh Saini

19 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                                Consumer Complaint No.28 of 2020

                                                Date of institution: 30.07.2020

                                                Date of Decision: 19.02.2021

 

Tejinder Singh son of Tarlochan Singh, resident of Village Lodhi Majra, Tehsil & District Rupnagar  

…….Complainant

Versus

 

SJ Aluminum Fabrication & Interior Designs, Village Nuhon, District Rupnagar through its Prop. Sandeep Singh 

                                                      ……..Opposite Party

 

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                        Capt. Yuvinder Singh Matta, Member

Present:     Sh. Satnam Singh, Adv. counsel for complainant

O.P. exparte

               
 

Order dictated by :-  Shri Sanjiv Dutt Sharma, President and

Capt. Yuvinder Singh Matta, Member

 

Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP for short) on the ground that in order to install the aluminum door along with Glass at his shop, the CC approached the OP. When, the OP installed the aluminum door with the glass in August 2019 then CC found that there was a crack and the OP assured him to replace the same. In the month of December, 2019, the CC had again approached the OP for replacing the Glass thereafter the OP visited the shop of the CC and took the glass and other structure of front allegation for their new fitting. The CC has alleged that due to COVID -19, he had failed to contact with the OP. Till today, the OP had not replaced the glass. Thus, alleging deficiency in service on the part of the OP. The complaint is signed and is also verified. Further the same is also supported by affidavit of the CC.

2.           Upon notice, the OP has chosen to remain exparte vide order dated 18.12.2020.

3.           The learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1 along with documents Ex.C2 & Ex.C3 and closed the evidence. 

1. We have heard learned counsel for the complainant and have gone through the file, carefully and minutely.
2. It is important to mention here that the firm SJ Aluminum Fabrications and interior Designs, Village Nuhon, District Rupnagar, is an un-registered dealer and does not have any GST number. He seems to be a petty fabricator, who fabricates the door on a labour job basis. After taking the measurements from his client/customers, purchasing the material as per order and affixing a simple glass pane and providing the same to his customers. The complainant has only provided bill Ex.C2 no.51 dated 20.08.2019 as his evidence. He has not provided any photographs of the damaged glass pane fixed on the door. The legal notice by the complainant sent to the OP on 8.6.2020 and the complaint has been filed on 08.06.2020 during the COVID-19 period and the complaint has been filed exactly after one year.
3.  Keeping in view the record on file, we feel, that this is abuse of process   of law by filing the present complaint to claim damages for a breakable glass which has no guarantee of the said glass can break even after five minutes after its installation. Even, the complainant is unable to produce any warranty/guarantee card or any mention of any guarantee of the aluminum door and its glass on the bill of this unregistered firm. Had this glass been “tuffen” which has more strength to endure any force/pressure, things would have been different. However, this bill does not speak any tuffen glass fitted inside the aluminum frame. This fact was mentioned in earlier order dated 14.08.2020. Even, the bill annexed by the complainant is in the name of GS Tent not in the name of complainant (Tejinder Singh).   So, the complainant is unable to prove any deficiency in service on the part of O.P and the complaint is devoid of any merits and the same is hereby dismissed. The party shall bear their own cost.   Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.
4.  

February 19, 2021

                                                                   (Sanjiv Dutt Sharma)

                                                                   President

                                                         

 

(Capt. Y.S. Matta)