Jammu and Kashmir

Jammu

CC/24/2018

ABLDEV SINGH CHIB - Complainant(s)

Versus

VINOD SHARMA - Opp.Party(s)

SK RAO

30 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No.                369/DFJ           

 Date of  Institution   :  21-12-2017

 Date of Decision      :     21 -05-2018

Baldev Singh Chib,

S/O Sh.Janak Singh,

M/S Chib Housing Infrastructure Pvt.Ltd.

Through its Managing Director,Padma Niwas,

Sector 3(Private)Chani Himmat Colony,

Jammu.

                                                                                                                        Complainant

              V/S

Vinod Sharma,

Prop.M/S Krishna Glass House,

1-A Extension (Near Railway under pass),

Link Road,Channi Himmat to Trikuta Nagar,

Jammu.

                                                                                                                        Opposite party

      CORAM:-

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                              Member

                  Mr.Ghulam Sarwar Chauhan                                        Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.S.K.Rao,Advocate for complainant, present.

Nemo for OP.

                                                   ORDER

                     Grievance of complainant in nut shell is that he is a contractor and carries on the business of constructions of the buildings under the name and style of M/S Chib Housing Infrastructure Pvt.Ltd.at Channi Himmat and is Managing Director of the Company registered under the Companies Act(Copy of certificate is annexed as Annexure-A).According to complainant, he approached OP to execute the glass work of the entire building which was being constructed by him on contract,accordingly,advance of Rs.1.3 lac in the shape of following cheques were made to him, the details of which are as under

S.No.	Cheque No.	Dated	Amount	Bank
1.	082588	05-04-2017	40000	IDB Bahu Plaza
2.	6380	15-04-2017	20000	J&K Bank,Roop Nagar
3.	10255	20-05-2017	30000	J&K Bank,Roop Nagar
4.	10267	29-05-2017	25000	J&K Bank,Roop Nagar
5.	10124	17-07-2017	15000	J&K Bank,Roop Nagar

            Allegation of complainant is that the OP laid toughened glass on the roof top of the lobby and mounty besides fixing glass railing of the parapet of Ist floor and the work of the windows and both the rooms was executed by OP,but soon after executing the work, the toughened glasses on the roof top and mounty measuring 237 sqft started leaking profusely and the owner of the house,namely,Mr.Col.K.L.Khajuria S/O Late Krishan Lal Khajuria R/O H.No.157 G,Sainik Colony, Jammu complained and asked to rectify the defective work and make his roof leaking proof, complainant accordingly requested OP to rectify the defective work i.e. toughened glasses on the lobby roof top and in the mounty,but OP did not pay any heed to his requests on one pretext or the other. Complainant further submitted that OP till today has not provided the bills of the laid glass and other work to him,therefore,complainant was compelled to remove the said laid toughened glasses from the roof and laid down the RCC slab on the said portion of the house from his own pocket thereby, causing a huge financial loss to him. Constrained by the act of OP,complainant served a  notice to OP through registered post on 23-08-2017,but despite receipt of notice,OP did not pay any heed to his requests and this act of omission and commission on the part of OP constitutes deficiency in service and un fair trade practice. Hence the present complaint .In the final analysis, complainant prays for an amount of Rs.4,00,000/-with interest for financial, as well as, mental harassment.

                   Notice was sent to the OP alongwith copy of complaint through registered covers with acknowledgment due and as per record the notice was received by OP, but OP did not choose to represent the case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act, so the right of OP  to file written version was closed vide order dated 09-02-2018 and complainant was ordered to produce evidence by way of affidavits in support of the complaint.

                 The complainant adduced evidence by way of duly sworn his own affidavit and affidavits of Surjeet Singh and Vikas Kumar,respectively. The complainant has placed on record copy of certificate of Incorporation issued by Registrar of Companies, copy of notice and copy of postal receipt.

                     We have perused the case file and also heard learned counsel appearing for the complainant.

            Briefly stated case of complainant is that he contractor and carries on the business of construction of the buildings under the name and style of M/S Chib Housing Infrastructure Pvt.Ltd.approached OP to execute the glass work of the entire building which was being constructed by him on contract,accordingly,advance of Rs.1.3 lac in the shape of following cheques Allegation of complainant is that the OP laid toughened glass on the roof top of the lobby and mounty besides fixing glass railing of the parapet of Ist floor and the work of the windows and both the rooms was executed by OP,but soon after executing the work,the toughened glasses on the roof top and mounty measuring 237 sqft started leaking profusely and the owner of the house,namely,Mr.Col.K.L.Khajuria S/O Late Krishan Lal Khajuria R/O H.No.157 G,Sainik Colony,Jammu complained and asked to rectify the defective work and make his roof leaking proof, complainant accordingly requested OP to rectify the defective work i.e. toughened glasses on the lobby roof top and in the mounty,but OP did not pay any heed to his requests on one pretext or the other. Complainant further submitted that OP till today has not provided the bills of the laid glass and other work to him,therefore,complainant was compelled to remove the said laid toughened glasses from the roof and laid down the RCC slab on the said portion of the house from his own pocket thereby, causing a huge financial loss to him. Constrained by the act of OP,complainant served a  notice to OP through registered post on 23-08-2017,but despite receipt of notice,OP did not pay any heed to his requests and this act of omission and commission on the part of Ops constitutes deficiency in service and un fair trade practice

                          The complainant in his own duly sworn evidence affidavit and affidavits of Surjeet Singh and Vikas Kumar,respectively, have supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit and affidavits of Surjeet Singh and Vikas Kumar,respectively so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments of complaint.

                      This is a case of deficiency in service. The OP despite of service of notice sent by the Forum through registered cover has not taken any action to represent the case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by OP in this complaint and there is also no evidence to rebut the case of complainant. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act,1987, which provides that in a case where the OP omits or fails to take any action to represent the case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OP omits or fails to taken any action to represent the case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                 After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2(d) of Consumer Protection Act and Ops are the service providers having failed in their statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of their grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                    Therefore, in view of aforesaid discussion, the complaint filed by the complainant for redressal of his grievance is allowed and opposite party is directed to refund Rs.45,000/- (i.e. the amount spent for laying down the RCC Slab) to the complainant. Complainant is also entitled to compensation of Rs.10,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.10,000/-.The OP shall comply the order within one month, from the date of receipt of this order. Copy of this order be provided to parties, free of costs. The complaint is accordingly, disposed of and file be consigned to records after its due compilation.

Order per President                                   Khalil Choudhary

                                                                (Distt.& Sessions Judge)

                                                                         President

Announced                                            District Consumer Forum

21 -05-2018                                                        Jammu.

 

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                               

.               

 Mr.Ghulam Sarwar Chauhan

Member