CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.158 OF 1999 Date of filing : /1999

IN CONSUMER COMPLAINT NO.552/1996 Date of order : 30/03/2009

DISTRICT CONSUMER FORUM, MUMBAI SUBURBAN



Mr.Dinesh Bhagat

Inter-Craft Enterprises

Interior Decorators

Opp.Bank of Madura

R.B.Mehta Road, Ghatkopar (E)

Mumbai 400 077 ………..Appellant/org.O.P.

v/s.

Mrs.Tara Lalwani

“SEEP’ 6th floor, Flat no.18

27, Sherly Road, Off Carter Road

Bandra, Mumbai 400 050 ………Respondent/org.complainant



Corum: Justice Shri B.B.Vagyani, Hon’ble President

Smt.S.P.Lale, Hon’ble Member



Present : Mr.A.A.Kocharekar-Advocate for the appellant

Respondent in person.

O R A L O R D E R



Per Justice Shri B.B.Vagyani, Hon’ble President

Heard Mr.A.A.Kocharekar-Advocate for the appellant and respondent in person.

We examined the correctness of the order in the light of material placed on record. Respondent had given renovation contract of her flat to the appellant in the year 1996. She claims to have paid Rs.1,70,000/- to the appellant. Appellant however disputes the amount paid to him. However he admits to have received Rs.1,54,000/- from the respondent. Respondent has made serious grievance that the appellant did not complete the work. She also makes a grievance that the appellant used sub-standard material. Appellant left the work incomplete. Therefore consumer complaint was filed. Report of Architect Mr.Rajeev Bedi is placed on record to show the work done by the appellant. As per report of the Architect, the appellant executed work approximately of Rs.93,500/-. He also certifies that work is not completed and left half way. Ld.Advocate Mr.Kocharekar argued that Architect Mr.Bedi has not filed his affidavit. It is true that Mr.Bedi has not filed his affidavit. However the respondent has filed her affidavit. She has mentioned in her affidavit that Architect Mr.Bedi had visited her flat and carried out inspection work and submitted his report. She has referred the report of Architect Mr.Bedi in her affidavit. She has also mentioned in her affidavit that appellant has executed work worth of Rs.93,500/-. Forum below therefore rightly acted upon the report of Mr.Bedi, which is proved by respondent herself and directed appellant to refund sum of Rs.61,000/- to the respondent. District Consumer Forum has awarded Rs.10,000/- to the respondent by way of compensation for harassment. Order under challenge is perfectly legal and correct. Appeal filed by the original O.P. is without any merits. In the result, we pass following order:-

ORDER

1. Appeal stands dismissed with cost of Rs.1000/-.

2. Pronounced and dictated in the open court.

3. Copies of the order be furnished to the parties.





(S.P.Lale) (B.B.Vagyani)

Member President