Haryana

Karnal

CC/86/2018

Dr. G.C. Gupta - Complainant(s)

Versus

Surender Kumar Son Of Mr. Suresh Kumar Care & Care Medical - Opp.Party(s)

Jitender Rana

02 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                           Complaint No.86 of 2018

                                                         Date of instt.09.04.2018

                                                         Date of decision:02.05.2018

 

Dr.G.C. Gupta, of G.C. Gupta Hospital, 372-373, Sector-11, HUDA Panipat.

                                                                                                                                                                                                          …….Complainant.  

                                      Versus

 

Surender Kumar son of Mr. Suresh Kumar Care & Care Medical, # 1718, Sector-4, Housing Board, Karnal-132001.

 

                                                                                …..Opposite Party

 

           Complaint u/s 12 of the Consumer Protection Act.         

 

Before    Sh. Jagmal Singh……President.

      Sh. Anil Sharma…….Member

               

 Present:  Shri Jintender Rana Advocate for complainant.

 

ORDER

 

                   (Jagmal Singh, President)

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant Dr. G.C. Gupta is running a hospital under the name and style G.C.Gupta hospital, Panipat. The complainant has agreed to get construction of Modular O.T. alongwith instruments and OP gave quotation dated 12.12.2016 to the complainant on 21.12.2016 and complainant paid the OP an amount of Rs.2,00,000/- vide cheque dated 21.12.2016. The OP has started work on the project but OP has not completed the project as agreed and during the pendency of work, the OP has received entire payment of the project upto April, 2017 but OP failed to complete the project vide agreement dated 21.12.2016 upto agreed period. The complainant requested the OP several times for completion of the work but OP always postponed the matter on one pretext or the other. OP has not completed the work as agreed nor issued the bill of the project for the payment received as agreed nor issued validation/certificate of AHU, AC, Laminar flow unit and warranty card of two years of completion of the system and further more as per agreement dated 12.12.2016 Hyudraulic Door has to be installed in the said O.T. but the OP has installed simple door therein. As per agreement the OP has to install soft push button control panel which indicate passing pressure timer, watch moisture humidity control but none of the same has been installed by the OP. More so the flooring of the O.T. should have been installed insulated copper strip flooring but the OP has done only Epoxy flooring and these were done by OP just to save money which is against the terms of the agreement dated 12.12.2016. Finding no alternative and taking in view of urgency of the service in the hospital, the complainant has to get the remaining work through another Technician on payment of Rs.2,50,000/-. Thereafter, complainant requested the OP so many times to complete the project and furnish the bill and guarantee card of the instruments installed by the OP but OP did not pay any heed to his request. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.                From the facts furnished by the complainant, it is clear that the complainant relied upon an agreement dated 12.12.2016 and dated 21.12.2016 regarding the construction of Modular O.T. with the OP but neither the said agreement nor copies have been placed on the file inspite of three adjournments. The complaint was filed by the complainant on 9.4.2018 and the same was put before this Forum on 11.4.2018. The complainant was asked for producing the agreements and he sought adjournment and the case was adjourned to 16.04.2018. Thereafter, the case was adjourned to 23.4.2018 for the same purpose and then the case was adjourned to 2.5.2018 with the condition that no further date will be given but the complainant has not produced the agreement.

3.                Except the legal notice, no other document has been attached with the complaint. Without the agreements, it cannot be said that whether there was any agreement between the parties and what were the terms and conditions of the agreement, so it is not a fit case for admission and the same is hereby dismissed at the stage of admission. The party concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 02.05.2018

                                                                                     

                                                                                       President,

                                                                      District Consumer Disputes

                             Anil Sharma                       Redressal Forum, Karnal.

                               Member