BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.289 of 2018
Date of Institution: 29.11.2018
Date of Decision: 25.04.2019.
Om Parkash son of Shri Ram Narayan resident of village Suchan Tehsil & District Sirsa.
………Complainant.
Versus
Sonu son of Shri Arjan Dass son of Shri Wasawa Ram resident of Pehalwan Ram Ki Dhani Near Petrol Pump Village Suchan, Tehisl & District Sirsa.
……… Opposite party.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER
MRS.SUKHDEEP KAUR……………MEMBER
Present: Sh.Rajender Bajaj, Advocate for complainant.
Opposite party exparte.
ORDER
In brief, case of complainant is that complainant is having agriculture land measuring about 12 acres in village Suchan and the Op is doing the work of tubewell boring and having tubewell boring machine. On 20.04.2018, the Op agreed to do the bore work in the field of complainant @ Rs.60/- per sq.feet and also took advance of Rs.5000/- from the complainant in the presence of Munshi Ram with assurance to start work within 2/3 days. After 3 days, the complainant contacted the OP but he promised to do the work within 10 days. Thereafter, the complainant contacted the Op several times and requested to start the work of bore but the Op put off the matter on one pretext or the other. The OP has not done the boring work, resulting into huge loss to the complainant. The complainant also got served legal notice upon the Op but to no avail. The act and conduct of the Op clearly amounts to deficiency in service on his part. Hence, this complaint.
2. Notice was sent to the Op but he refused to receive the same, therefore, he was proceeded against exparte on 04.04.2019.
3. Thereafter, the complainant led evidence and produced his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C5.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The case of the complainant is that on 20.04.2018, the Op agreed to do the bore work in the field of complainant @ Rs.60/- per sq.feet and also took advance of Rs.5000/-. After receiving the advance, he did not do the work for which he was entered into an agreement with the complainant. The version of the complainant also find corroboration from the statement of Sunil @ Sonu, in which he has stated before the police station of P.S.Ding that he is having boring machine and had promised to do the bore work of Om Parkash and also received advance of Rs.5,000/- for the work but due to unavoidable circumstances he could not do the same and he will return the amount of Rs.5,000/- received by him as advance. Since the opposite party did not appear to rebut the plea and evidence of complainant as such evidence led by complainant goes as unchallenged and unrebutted.
6. In view of above, we allow this complaint and direct the opposite party to make payment of Rs.5,000/-, which was received by him as advance. The OP is further directed to pay Rs.2000/- as composite compensation and litigation expenses. The opposite party is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum: President,
Dated: 25.04.2019 District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
