Chandigarh

StateCommission

A/37/2022

Maninder Pal Singh - Complainant(s)

Versus

Amrinder Singh Sadhrao - Opp.Party(s)

Maninder Arora Adv.

21 Oct 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	37 of 2022
Date of Institution	19.04.2022
Date of Decision	21.10.2022

 

Maninder Pal Singh Prop. H.M. Builders, R/o H.No.223, Preet Villa, Sahib Nagar, Phase-1, Urban Estate, Patiala.

           .…..Appellant/Opposite Party

Versus

Amrinder Singh Sadhrao, S/o Mohinder Singh, R/o H.No.1031,
Sector 21-B, Chandigarh.

                                                                            …..Respondent/Complainant         

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                MRS. PADMA PANDEY, MEMBER

                MR. RAJESH K. ARYA, MEMBER

                MR. PREETINDER SINGH, MEMBER

               

Argued by:  Sh. Maninder Arora, Advocate for the appellant.

 Sh. Gurjot Singh Sadhrao, Advocate along-with Sh. Japjot Singh, Advocate for the respondent.

                       

PER PADMA PANDEY, MEMBER

              This appeal is directed against an order dated 03.02.2022, rendered by District Consumer Disputes Redressal Commission-I, U.T., Chandigarh, (hereinafter to be called as the District Commission only), vide which, it partly allowed the Consumer Complaint, with the following directions: -

“i]    to refund an amount of ₹5,00,000/- to  the complainant alongwith interest @ 9% per annum from the respective date of payments till realization.

ii]  to pay an amount of ₹50,000/- to the complainant as compensation for causing mental agony and harassment to him; 

iii]   to pay ₹10,000/- to the complainant as costs of litigation;

8.  This order be complied with by the Opposite Party within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.”

 

2. The facts, in brief, are that the complainant had approached the Opposite Party through newspaper advertisement in December 2020, thereafter as per the mutual agreement, the contract for construction vide Annexure C-1, was given to the Opposite Party and the same was to be constructed in a time frame of two and half months, as per the contract for construction. It was stated that the said agreement was breached and the construction of the house was extended to a further period of six months and was never completed, rather the Opposite Party left the project without final completion charging around Rs.18,00,000/-. It was further stated that the complainant has approached the Opposite Party several times and despite repeated requests nothing has come forth, apart from continued false promises. It was further stated that the Opposite Party had dishonest and fraudulent intentions right from the beginning and executed his nefarious designs by deceiving the complainant to hire him for constructing the aforementioned project and therefore, the complainant had to then hire another constructor to mend the damages done by the Opposite Party. It was further stated that the complainant issued a legal notice dated 21.07.2021 to the Opposite Party vide Annexure C-3, through registered post as well as Whatsapp message, since the Opposite Party continued to be indifferent and non-responsive to the grievance of the complainant. It was further stated that the aforesaid act of the Opposite Party, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint, was filed.
3. Notice of the complaint was sent to the Opposite Party seeking its version of the case, but none appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte.
4. The complainant led evidence, in support of their case.
5. After hearing the Counsel for the complainant, and, on going through the evidence, and record of the case, the District Commission, partly allowed the complaint against Opposite Party, as stated above.
6. Feeling aggrieved, the instant appeal, has been filed by the Opposite Party.
7. We have heard the Counsel for the parties, and have gone through the evidence, and record of the case, carefully.
8. After giving our thoughtful consideration, to the contentions, advanced by the Parties, and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed, for the reasons to be recorded hereinafter.
9. It is observed from the records of the learned District Commission that as per mutual agreement, the contract for construction was given to the appellant and as per agreement which was annexed as Annexure C-1, the construction was to be completed within a period of 2½ months, whereas it was further extended for another six months, but was never completed. However, the appellant had charged Rs.18.00 lacs for the same work. The respondent wanted to complete his construction and therefore, hired another contractor to mend the damages done by the appellant.
10. Vide Annexure C-2, the respondent had made payment of Rs.5.00 lacs to the appellant on various dates for no work done by him. Deficiency is writ large on the part of the appellant and learned District Commission was right in allowing the complaint by passing an order to refund the amount of Rs.5.00 lacs alongwith interest plus compensation and litigation expenses which we are inclined to agree and therefore, the appeal stands dismissed.    
11. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the District Commission is upheld.
12. Certified copies of this order, be sent to the parties, free of charge.
13. The file be consigned to Record Room, after completion.

 

 

Pronounced.

21.10.2022

            

                                                                                    Sd/-

                        [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

                                                                                  Sd/-

[PADMA PANDEY]

MEMBER

 

                                                                                     Sd/-

[RAJESH K. ARYA]

 MEMBER

 

                                                                                      Sd/-

[PREETINDER SINGH]

MEMBER

GP