Punjab

Nawanshahr

CC/41/2016

Ram Lal - Complainant(s)

Versus

Tejinder KUmar - Opp.Party(s)

Parminder Singh Bangar

29 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SHAHEED BHAGAT SINGH NAGAR

Consumer Complaint No.         :     41 of 03.05.2016

Date of Decision:                     :     29.07.2016

1.       Ram Lal S/o Mehnga Ram

2.       Naranjan Kaur W/o Ram Lal, both residents of Village Malpur, PO Mehrampur, Tehsil Nawanshahr, District SBS Nagar, Presently R/o Rpring Well Road, Heston, Hounslow, Middlesex, Post Code TW59BN London, UK, both through attoney Sh.Jograj S/o Baru Ram S/o Nathu Ram, R/o V. Kishanpura, Tehsil Nawanshahr, District SBS Nagar.

                                                                             …Complainants

Versus

Tejinder Kumar @ Mani Thekedar S/o Madan Lal, R/o Village Mahil Gehlan, Tehsil Banga, District SBS Nagar.

                   …Opposite Party

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:

SH.BHUPINDER SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

ARGUED BY:

For complainant              :         Sh.P.S. Bangar, Advocate

For OP                            :         Ex parte.

 

ORDER

SH.BHUPINDER SINGH, PRESIDENT

In brief the case of the complainants is that complainants are NRIs and both of them are unable to manage their affairs personally and they have appointed Jograj as their lawful attorney. The complainants were intended to construct their house at their Village Malpur, Tehsil Nawanshahr, District SBS Nagar and for this purpose the opposite party (hereinafter called OP) was approached by them for carpenter/wooden work alongwith material.  The OP made an offer to them that he would do the whole wooden work with material for consideration of Rs.3,50,000/-.  They agreed with OP and supplied him site plan, according to which the doors, windows, chugaths, etc. wooden work was to be done.  They have paid entire amount i.e. Rs.3,50,000/- to OP. OP after fixing the Chugaths of the doors and windows had totally failed to complete the wooden work as verbally agreed by OP.  The OP was lingering upon the matter by one way or the other to complete the wooden work.  Number of times the complainants and their attorney, has approached the OP to complete the work as per settlement, but he did not do so.  An agreement was executed between the complainant and OP on 03.12.2014 vide which OP agreed that OP would complete the wooden work of the house with material for Rs.3,50,000/- and the same was signed by the OP in the presence of complainant and witnesses namely Kuljinder Singh, Satpal Namberdar, and Neelam Kumari Sarpanch of Village Malpur, Tehsil Nawanshahr.  The OP had also admitted in the presence of above said witnesses that he had received the entire amount of Rs.3,50,000/- as full and final consideration.  The complainant later on engaged another carpenter to complete the wooden work which was left by OP undone and the complainants had spent Rs.1,50,000/-.  The OP admitted that he would pay this excess amount of Rs.1,50,000/- to the complainant on or before 03.02.2015 but OP failed to pay the same till date.  One legal notice was sent to OP on 12.10.2015 with request to replay the amount to complainant but OP has not paid any heed to the request as such this complaint.  Complainants have got prepared the valuation report through their attorney from registered architect regarding the wooden work to the tune of Rs.4,50,000/-.  Therefore, it is prayed that OP be directed to pay Rs.1,50,000/- alongwith interest @12% per annum from the date of agreement with compensation to the tune of Rs.1,50,000/- and litigation expenses.

2.       Op has failed to appear despite service of notice, as such OP was proceeded against ex parte vide order dated 10.06.2016.

3.        In support of their complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CW1/A to Ex.CW4/A alongwith copies of documents Ex.C1 to Ex.C-8 and closed their evidence.

4.        We have heard learned counsel for complainant and have minutely gone through the record and have appreciated the evidence produced on record by the complainants with the valuable assistance of learned counsel for complainant.

5.       From the record i.e. the averments of the complaint and evidence produced on record by the complainants, it stands fully proved that complainants (husband and wife) intended to construct their house at Village Malpur, Tehsil Nawanshahr, District SBS Nagar.  The complainants engaged OP for carpenter/wooden work alongwith material for their house.  Resultantly, the agreement was settled for consideration of Rs.3,50,000/- and complainants have supplied the site plan to the OP according to which the doors, windows, chukhats and other wooden work was to be done by OP.  Complainants being NRIs as per their passports, copies of their passports are Ex.C-2 and Ex.C-3 respectively, they paid the entire amount of Rs.3,50,000/- to the OP.  The OP after receiving the amount did some wooden work of the house of the complainants but did not complete the same as such dispute arose between the them and with the intervention of the respectables Sarpanch, Nambardar and other respectables of the Village, the OP executed agreement with the complainants Ex.C-4, vide which the OP admitted that he agreed to do the entire wooden work alongwith material of the house of the complainants and has received Rs.3,50,000/- in the presence of the respectable persons.  However, he utilized this amount in his personal affairs and could not complete the wooden work of the house of the complainant.  As such, the complainants have to engage another carpenter to complete the wooden work alongwith material of the house of the complainants for which they have to spend Rs.1,50,000/- for the remaining wooden work alongwith material for their house and the OP agreed to pay this amount to the complainants i.e. Rs.1,50,000/- within two months i.e. upto 03.02.2015.  This agreement has been duly proved by attorney of the complainants namely Kuljinder Singh through his affidavit Ex.CW4/A and by attorney of the complainants Jograj through his affidavit Ex.CW1/A and attesting witnesses of this agreement Ex.C-4 i.e. Satpal Nambardar of Village through his affidavit Ex.CW2/A and Neelam Kumari Sarpanch through her affidavit Ex.CW3/A.  The complainants also produced on record the report of valuer Hi Tech Construction’s dated 02.05.2016 Ex.C-8 which proves that OP did not do the work of amount of Rs.1,50,000/- of the building of complainants and OP has admitted through agreement Ex.C-4 that he could not do the work of the house of the complainant alongwith material to the tune of Rs.1,50,000/- and he shall pay this amount to the complainants within two months i.e. by 03.02.2015 and the complainant have to get the remaining work left un-done by OP, completed from other carpenter to the tune of Rs.1,50,000/-.  So the OP is liable to pay this amount to the complainants but OP did not pay this amount to the complainants despite service of legal notice dated 12.10.2015 Ex.C-5, through registered post, postal receipt of which is Ex.C-6.  Neither OP turned up despite service to contest this complaint nor the OP dared to file his affidavit to rebut the evidence produced by the complainants.  Therefore, the evidence produced on record by complainants remained un-rebutted and unchallenged.  Therefore, we hold that OP is in deficiency in service qua the complainants.  Resultantly, we allow the complaint ex parte with costs and OP is directed to pay Rs.1,50,000/- to the complainants alongwith interest @ 9% per annum from 03.02.2015 till payment.  The OP is also directed to pay to the complainants the litigation costs to the tune of Rs.2,000/-.       

6.       The OP is further directed to comply with the aforesaid directions within a period of 30 days from the date of receipt of certified copy of this order.

7.       The certified copies of this order be supplied to the parties free of costs, as per rules and file be indexed and consigned to the Record Room.

Dated:  29.07.2016

 

                                                          (BHUPINDER SINGH)

                                                          President

         

                                                          (KANWALJEET SINGH)

                                                          Member