ORDER
Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Heard Adv. Prachi Tatake on behalf of the Complainant. Perused the record.
[2] It is a case of alleged deficiency in service on the part of the Opponent No.1, M/s. Sony Mony & Associates and its proprietor, Mr. Poker Ram M. Suthar, the Opponent No.2 on the ground that the work entrusted to them as per work order dated 5/9/2009 was not carried out properly, material used was not as per specification and, therefore, when the architect reported about such deficiencies while certifying the bill, the Opponents promised to rectify the defects but failed to do so. Ultimately, the Complainant by a letter dated 10/12/2010 cancelled the contract with the Opponents. Thereafter the Complainant got the work done upon employing other agency and consequent to it, this complaint is filed to claim an amount of `36,58,622/- towards loss and damage caused to the Complainant together with further damages of `19,54,404/- towards the cost incurred by the Complainant towards reconstruction of the furniture and fixtures etc., with further compensation of `5,00,000/-.
[3] Since the Complainant preferred to cancel the contract with the Opponents as per letter dated 10/12/2010, relationship between the Complainant and the Opponents cease to exist from that date. Thereafter, the work as alleged was got completed by employing other agency and, therefore, if it is a case of breach of contract and to get reimburse the expenses incurred for getting done through other agency, the remedy available for the Complainant lies elsewhere but certainly not before the Consumer Forum under the Consumer Protection Act, 1986 and, therefore, we hold accordingly and pass the following order:-
ORDER
Complaint is not admitted and stands disposed of accordingly.
No order as to costs.
Pronounced and dictated on 04th October, 2012
