Haryana

Panchkula

CC/260/2021

HARISH . - Complainant(s)

Versus

SOHAN SHAH. - Opp.Party(s)

S.K BHORIA & MONIKA KAPIL.

22 Dec 2022

ORDER

            BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	260 of 2021
Date of Institution	:	11.06.2021
Date of Decision	:	22.12.2022

 

 

Harish age 43 years s/o Late Sh. Ravi Parkash, R/O House No.591, Amarvati Enclave, Tehsil-Kalka, District Panchkula, Haryana

 

                                                                           ….Complainant

Versus

Sohan Shah s/o Safi Mohammed, R/o House No.21, Village, Naulta, Tehsil-Kalka, District Panchkula, Haryana                                                                                                                                                                                                                                                       ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

                        Dr.Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Sh.S.K.Bohria, Advocate for the complainant.

                        OP already ex-parte vide order dated 14.10.2021.

                       

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that the complainant approached the OP for completing the remaining Civil & Mason work and also for doing the Tile & Marble work at his house No.591, Amarvati Enclave, Tehsil Kalka, Panchkula. The OP demanded Rs.87,000/- for completing the remaining civil & Mason work and Rs.45,000/- for tile and marble work. Against the civil and mason work, the OP had taken a sum of Rs.30,000/- as advance from the complainant through online transfer on 05.04.2021. Thereaftre, on 07.04.2021 an agreement was reduced into writing between the complainant and the OP. As per Clause No.3 & 4 of the said agreement, the OP assured to complete remaining civil work and all types of other works, within next 20 days and after completing all types of remaining civil and mason work, he also assured to do tile & marble work within next 15 days. Thereafter, the OP raised the shuttering to start the plaster of outer wall of the said house on very next day but after raising the said shuttering, he did not start the agreed work for next 6-7 days. The complainant requested him many times to start the work but the OP paid no heed to the request of the complainant. Thereafter, the OP started work but in a very irregular manner. After working for 1-2 days, he did not deploy his masons and labourers for next 1-2 days on complainant’s work and sent his workmen to his other work sites. As per the said agreement, the next payment of Rs.30,000/- was to be given by the complainant to the OP, only after completing the plaster  and Kaccha Floor work of first floor, but before reaching at this stage of work, the OP demanded next installament of payment i.e. Rs.30.000/- from the complainant and told him that he will totally stop the said agreed work and will take away his personnel to his other work sites. Finding no other way, the complainant gave him Rs.12,000/- on 21.04.2021 and Rs.18,000/- on 01.05.2021, but after 49 days from the execution of the agreement, on 25.05.2021, the OP refused to complete the civil and mason work of complainant’s house  and gave in writing  that the complainant can get the work done at his own. It is alleged that as per clause no.8 of the said agreement, the OP had agreed to pay Rs.500/- per day if he does not complete the civil and mason work within 20 days upto the completion of the work. Apart from this, as per  clause no.10 of the agreement, the OP had also agreed to refund the whole amount to complainant, which he received from complainant, in case, he would leave the contract work without completing the same.  Due to the act and conduct of the OP, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice was issued to the OP through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP; hence, it was deemed to be served and thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 14.10.2021.

3.             To prove the case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-5 in evidence and closed the evidence by making a separate statement.

4.             We have heard the learned counsel for the complainant and gone through the entire record available on the file including written arguments and additional written arguments filed by the complainant, minutely and carefully.

5.             During arguments, the learned counsel for the complainant reiterating the averments made in the complaint as also in the affidavit Annexure C-A contended that the OP had  under taken vide Agreement dated 07.04.2021(Annexure C-2) to complete the remaining civil and mason work within 20 days w.e.f. the date of the said agreement at  the house of the complainant, at labour rate, for a sum of Rs.87,000/- and the tile and marble work within next 15 days for an amount of Rs.45,000/- but he(the OP) left the construction work on 25.05.2021 in between without completing the whole work in violation  of terms and conditions of the agreement (Annexure C-2) on 25.05.2021. It is contended that the OP had breached the terms and conditions of the agreement(Annexure C-2) even after the receipt of sum of Rs.60,000/- out of the agreed consideration of Rs.1,32,000/-. It is further contended that the OP had wasted 49 days of the complainant thereby causing the physical and mental harassment to him. Concluding the arguments, the learned counsel has prayed for acceptance of the complaint by granting the relief as claimed for in the complaint/written arguments.

6.                The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 14.10.2021 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, a sum of Rs.30,000/-was paid by complainant to OP on 05.04.2021 vide transaction(Annexure C-1). Further, a sum of Rs.11,000/- vide transaction(Annexure C-3) and Rs. 18,000/- vide transaction(Annexure C-4) was also paid to OP online. In addition, a sum of Rs.1,000/- was paid in cash. As per agreement (Annexure C-2), it is evident that the mason work at the residence of the complainant was to be completed within 20 days w.e.f. 07.04.2021 i.e. upto 26.04.2021 and thereafter, the whole work of lying of the tiles and marbles was to be completed within next 15 days i.e. 11.05.2021. As per handwritten paper allegedly written and signed by the OP(Annexure C-5), it is also evident that the OP had left the work of construction at his own without completing the construction work in violation of the agreed terms as per agreement(Annexure C-2) and thus, he has made himself liable to compensate the complainant as per condition no.8 and 10 of the agreement. The contentions of the complainant are unrebutted; therefore, the OP is liable to compensate the complainant for his deficient services rendered to the complainant.  

8.      In relief clause, the complainant has claimed the following relief:-

1. A sum of Rs.14500/- has been claimed on account of violation by the OP of clause no.8 of the agreement dated 07.4.2021 (Annexure C-2).

 

2. The refund of sum of Rs.60,000/- as paid by the complainant to the OP has been claimed on account of violation of clause no.10 of the agreement dated 07.04.2021(Annexure C-2).

 

3. A sum of Rs.10,00,000/- has been claimed on account of mental agony and physical harassment suffered by the complainant.
4. A sum of Rs.51,000/- has been claimed on account of  litigation charges.

 

9.  
10.  

11.            As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To refund a sum of Rs.25,000/- to the complainant on account of violation of clause 10 of Agreement  dated 07.04.2021(Annexure C-2)along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization .
2.  To pay a sum of Rs.7,000/-  to the complainant on account of violation of clause 8 of the of clause 10 of Agreement  dated 07.04.2021(Annexure C-2).
3. To pay an amount of Rs.5,000/- to the complainant on account of mental agony and harassment.
4. To pay an amount of Rs.5,500/- as cost of litigation charges.

               

12.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 22.12.2022

 

 

 

        Dr.Sushma Garg         Dr.Pawan Kumar Saini          Satpal

        Member                                Member                          President

 

Note: Each and every page of this order has been duly signed by me.

 

                                            Dr.Pawan Kumar Saini

                                             Member