Chandigarh

DF-II

CC/399/2021

Sonika Prashar - Complainant(s)

Versus

Vardhman Art - Opp.Party(s)

Pardhuman Garg adv

18 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	399 of 2021
Date  of  Institution	:	29.06.2021
Date   of   Decision	:	18.10.2023

 

 

 

 

 

Sonika Prashar, w/o Sanjay Prashar, R/o H.No.74, Sector 19, Chandigarh

             …..Complainant

 

 

Versus

 

Vardhman Art, Opp. Botanical Garden, Marble Market, Sarangpur (UT), Chandigarh 160014, through its Proprietor Sh.Chandresh Shantilal Mehta son of Sh.Shantilal Mehta, resident of House No.526, Milk Colony, Dhanas, Chandigarh

 

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

                               

Argued by  :    Sh.Ankit, Adv. proxy for Sh.Pardhuman Garg,     Counsel for the complainant

 

                Sh.B.S.Bajwa, Counsel for OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

        The complainant has filed the present complaint pleading that the complainant availed the services of the OPs for installation of a small Pooja Temple in her house on the occasion of Diwali Pooja for the upcoming Diwali of the Year-2020 as the OP deals in Marble articles, temples and designing made up of marble stone.  After negotiation, the OP decided to built the same for Rs.2,50,000/- in total.  It is alleged by the complainant that the OP did not complete the work in time and thus caused harassment and mental agony to her.  Moreover, the complainant alleged that the OP has used sub-standard and under-rated material in building the temple inspite of the promise that the temple would be made of pure Vietnam Marble.  As such, the complainant has alleged that the OP has conducted unfair trade practice in providing temple incomplete and using sub-standard material.  The complainant further alleged that she was forced to spend Rs.50,000/- from her own pocket to complete the unfinished work of the temple, which is deficiency in service on the part of the OP.  The complainant has prayed that the OP may be directed to refund Rs.1,20,000/- (i.e. Rs.70,000/- paid to OP and Rs.50,000/- paid to the local labour) along with interest and compensation.

 

2]       After service of notice upon the OP, the OP appeared before this Commission and filed written version taking preliminary objection that the complainant had paid only Rs.20,000/- and Rs.50,000/- was transferred by the firm owned by the husband of the complainant.  The OP denied all the allegations made by the complainant against it. The OP stated that they have completed 90% of the work and only polishing & grinding was left, which was to be done on 20.11.2020.  The OP mentioned that the balance payment of Rs.2,10,500/- is still pending towards the complainant as the total agreed amount was Rs.2,80,000/- between the parties.  A legal notice to this effect was issued to the complainant to pay the balance amount but of not effect.  The OP has filed a Civil Suit titled as Vardhman Art vs. Sonika Parashar & Ors., Case No.CSCJ/740/2021 in the Civil Court as Ann.R-4 and the next date of hearing is 12.09.2022.  Certified copy of the written statement filed in the said suit is annexed as Ann.R-6.  The OP admitted in their written version that they have agreed to construct the marble temple in pure Vietnam Marble and in accordance with their promise they have constructed the ‘Mandir’ in pure Vietnam Marble.  Lastly the OP prayed to dismiss the complaint with cost.         

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have gone through the entire record including written arguments.

 

5]       The main question involved in the present complaint is that whether this complaint is maintainable or not when another complaint/case before the Civil Court is pending between the parties substantially on the same issue to be decided ?

         In order to find out the answer to this question, the following facts & circumstances are necessary to be discussed:-

 

6]       It is observed from the record that the OP served a legal notice dated 27.12.2020 to the complainant asking them to make payment of Rs.2,10,500/- which is balance payment of the construction of the marble ‘Mandir’ in the house of the complainant. This legal notice was duly replied by the complainant, which is annexed with the written version as Ann.R-3.  The OP has placed on record Ann.R-4, which is copy of the Suit for Recovery filed before the Civil Judge (Senior Division), Chandigarh by the OP.  Further the OP has placed on record Ann.R-5, which is the copy of the complaint under Section 200 Cr.P.C. against the accused under Section 120-A, 403, 405, 415, 420 & 425 read with Section 34 of I.P.C.

 

7]       In view of the pendency of the Civil Suit before the Civil Court between the same parties to the present complaint substantially on the same dispute and issue as in the present complaint, it is not just & appropriate to decide the matter in the summary procedure when Civil Court can decide the same after taking elaborate evidence into consideration. 

         Moreover, it is held by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in ‘M/s Special Machines, Karnal Vs. Punjab National Bank & Ors. 1991 (2) CPJ 78 (NC)’ where the subject matter of a Complaint is already pending before Civil Court, a concurrent adjudication as regards that subject matter would not be entertained by the Commission under the Act.

        

8]       Taking into consideration the above discussion & findings, the present complaint stands dismissed. No order as to costs.

9]       The pending application(s) if any, stands disposed off accordingly.

10]      Office is directed to return the complaint to the complainant against proper receipt and after retaining its copy.

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

18.10.2023                                                                         

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER