Mr.Anoop Sharma, Presiding Member

1.       Sh.Rajinder Badhan,  has brought the instant complaint under section 11, 12 & 13 of the Consumer Protection Act, 1986 on the allegations that  on 24.11.2016 the complainant engaged Opposite Parties No.1 and 2 alongwith Opposite Party No.3 for down ceiling work of drawing room of kothi No.26-New Garden Enclave, Near Nirankari Bhawan, Khankot Road, Amritsar. As per the directions of Opposite Party No.1, Gopi i.e. Opposite Party  No.4 visited the house of the complainant and gave measurement of drawing room and thereafter when the complainant selected the design as was available on roof of Opposite Parties No.1 to 3 at their shop, total sum of Rs.10,000/- for whole of material was demanded by Opposite Parties No.1 to 3 for whole the material, which was paid to as  per demand by the complainant at that time. The complainant made request to all the Opposite Parties to complete the work immediately as after completion of said down ceiling work, the complainant was to furnish his drawing room by providing sofa set, curtains and paint work etc. and was also to get the same partitioned. Since some guests were to come at said new built up house of the complainant for the first time, therefore, on his request as per the directions of Opposite Parties No.1 to 3, Gopi Opposite Party  No.4 agreed to do the work on very next day and labour charges for said work were fixed to be Rs.2400/- which were agreed to be paid after completion of work by Gopi. When bill was demanded by the complainant, he gave rough bill dated 24.11.2016 for an amount of Rs.10025/- as total costs of down ceiling of drawing room and promised to send the bill from bill book through said Gopi on next date. On 25.11.2016, Opposite Party  No.4 alongwith two other boys  who were under training with him, came alongwith articles mentioned in the rough bill and started the work of down ceiling. However, he did not complete the work on that day and stated the complainant that he will come on next day that on 26.11.2016. When on next day the complainant checked the work don by said worker, it was not as per his satisfaction there were difference in colour in between dark sheets as well as U-type molding. When the complainant objected and requested Opposite Party  No.4 to get the work done from his labour and not to place different coloured sheet and bring the same coloured sheets, he disclosed that since the same coloured sheets were not available with Opposite Parties No.1 to 3 and thereafter they sent different coloured sheets. Thereafter, when the complainant went to the shop with request to provide same coloured sheets and u type molding, then it was promised that same will be provided very soon, but despite awaiting for period of one month, the same were not provided. Due to the non completion of said work, the sofa work as well as curtain work was stopped by the complainant as the colour of cloth/ leather was to be matched with down ceiling. Thereafter, the complainant visited the shop of Opposite Parties on so many occasions and requested to complete the work, but to no affect. Due to non completion of work by all the Opposite Parties, the complainant suffered a lot as he was to complete the house furnishing work before starting winter break.  Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may kindly be directed to complete the work of down ceiling as selected by the complainant within two days with the amount already paid or to return the amount of Rs.10000/- already paid by the complainant alongwith interest @ 18% per annum and compensation amount of Rs.50,000/- for mental pain, suffering and agony alaongwith litigation expenses and damage charges, to the complainant in the interest of justice and equity and fair play.  Hence, this complaint.

2.       On notice, none appeared on behalf of the Opposite Parties, hence Opposite Parties were proceeded against exparte vide order dated 22.3.2017 of this Forum

3.       Complainant tendered into evidence his affidavit Ex.C1, copy of estimate Ex.C2, copy of legal notice Ex.C3, copy of photographs Ex.C4, copy of visiting card Ex.C5 and closed the exparte evidence on behalf of the complainant.

4.       We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.

5.       From the record i.e. pleadings of the parties and averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that on 24.11.2016 the complainant engaged Opposite Parties No.1 and 2 alongwith Opposite Party No.3 for down ceiling work of drawing room of kothi No.26-New Garden Enclave, Near Nirankari Bhawan, Khankot Road, Amritsar. As per the directions of Opposite Party No.1, Gopi i.e. Opposite Party  No.4 visited the house of the complainant and gave measurement of drawing room and thereafter when the complainant selected the design as was available on roof of Opposite Parties No.1 to 3 at their shop, total sum of Rs.10,000/- for whole of material was demanded by Opposite Parties No.1 to 3 for whole the material, which was paid to as  per demand by the complainant at that time. The complainant made request to all the Opposite Parties to complete the work immediately as after completion of said down ceiling work, the complainant was to furnish his drawing room by providing sofa set, curtains and paint work etc. and was also to get the same partitioned. Since some guests were to come at said new built up house of the complainant for the first time, therefore, on his request as per the directions of Opposite Parties No.1 to 3, Gopi Opposite Party  No.4 agreed to do the work on very next day and labour charges for said work were fixed to be Rs.2400/- which were agreed to be paid after completion of work by Gopi. When bill was demanded by the complainant, he gave rough bill dated 24.11.2016 for an amount of Rs.10025/- as total costs of down ceiling of drawing room and promised to send the bill from bill book through said Gopi on next date. On 25.11.2016, Opposite Party  No.4 alongwith two other boys  who were under training with him, came alongwith articles mentioned in the rough bill and started the work of down ceiling. However, he did not complete the work on that day and stated the complainant that he will come on next day that on 26.11.2016. When on next day the complainant checked the work don by said worker, it was not as per his satisfaction s there were difference in colour in between dark sheets as well as U-type molding. When the complainant objected and requested Opposite Party  No.4 to get the work done from his labour and not to place different coloured sheet and bring the same coloured sheets, he disclosed that since the same coloured sheets were not available with Opposite Parties No.1 to 3 and thereafter they sent different coloured sheets. Thereafter, when the complainant went to the shop with request to provide same coloured sheets and u type molding, then it was promised that same will be provided very soon, but despite awaiting for period of one month, the same were not provided. Due to the non completion of said work, the sofa work as well as curtain work was stopped by the complainant as the colour of cloth/ leather was to be matched with down ceiling. Thereafter, the complainant visited the shop of Opposite Parties on so many occasions and requested to complete the work, but to no affect. The complainant proved all these averments through his affidavit Ex.C1 and also proved on record estimate Ex.C2, copy of legal notice Ex.C3, copy of photographs Ex.C4 and  copy of visiting card Ex.C5.  The evidence produced on record  by the complainant remained unrebutted and unchallenged  as none appeared on behalf of the Opposite Parties despite service to contest the case of the complainant nor any person from the Opposite Parties dared to file an affidavit to rebut the case of the complainant.

6.       So, from the entire unrebutted evidence produced by the complainant on record, it stands fully proved on record that there is certainly deficiency in service and unfair trade practice on the part of the Opposite Parties. As such, the Opposite Parties  are liable to complete the remaining work of the complainant to the satisfaction of the complainant.

7.       Resultantly, we allow the complaint of the complainant exparte and Opposite Parties No.1 to 4 are jointly and severally  directed to complete the remaining work of the complainant to the satisfaction of the complainant within 30 days from the date of receipt of copy of this order. The Opposite Parties No.1 to 4 are also directed to pay Rs.5,000/- to the complainant on account of compensation for causing him mental tension and harassment.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Forum