Complainant in person
Opponent Exparte
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date- 22nd April, 2014
This complaint is filed by senior citizen lady against the service provider for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Sanjay Park, Lohegaon, Pune 411 032. Opponent is dealing in the business of supply of Aluminium Glass Window. Complainant was in need of service and material for her flat i.e. Aluminium Sliding Window. Hence, she approached to the Opponent. She had purchased Aluminium of high quality, glass shutters, all fittings and necessary equipments by paying Rs.33,000/-. Amount of Rs.11,000/- was remained unpaid. She was intending to add four windows admeasuring 4ft x 6ft with minor repair work. She found four Aluminium bars less in number and that fact was informed to the Opponent immediately at the time of delivery of the material. Opponent did not provide skilled persons for fitting the said Aluminium Sliding Windows. Hence, she had informed this fact to the police, but police did not take any cognizance. When she met Opponent, he had replied that, he would complete the work. Due to the deficient service of Opponent, she is unable to use her bedroom for last five years. Hence, complainant has filed present complaint and claimed compensation of Rs.10,000/- for deficiency in service, refund of Rs.12,000/- and interest on that amount. She has also asked compensation on the ground of mental and physical sufferings.
[2] Opponent though duly served remained absent. Hence, complaint is proceeded exparte against the Opponent.
[3] Complainant has produced documentary evidence such as measurement of windows taken by the Opponent, the bills as regards payment of material, office copy of notice which was issued to the Opponent, office copy of complaint etc. The evidence which is produced by the complainant remained unchallenged and supported by affidavit. It reveals from the allegations and documentary evidence that, the Opponent has not supplied the total material to the complainant and there is also deficiency in service as he has not provided the service for fitting of aluminium window. After considering the allegations made by the complainant and documentary evidence, this Forum is of the opinion that, complainant is entitled to receive Rs.10,000/- as compensation for shortage of material and deficiency in service. Complainant is also entitled to receive Rs.5,000/- for physical and mental harassment and Rs.2,000/- as costs of the proceeding.
In the light of the above discussion following order is passed-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that Opponent has caused deficiency in service by not providing service for fitting of aluminium window and also not supplied the total material to the complainant.
3. Opponent is directed to pay amount of Rs.10,000/- [Rupees Ten Thousand only] towards compensation for shortage of material and deficiency in service to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent is directed to pay amount of Rs.5,000/- [Rupees Five Thousand only] towards compensation for physical and mental harassment and Rs.2,000/- [Rupees Two Thousand only] towards cost of proceeding to the complainant within six weeks from the date of receipt of copy of order.
5. If the amount is not paid or deposited by the Opponent within the stipulated period, it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
6. Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of Order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 22/04/2014
