First Appeal No. 970 of 2013. Case: Shri Ganesh Furniture Works Vs Ashok Kumar. Haryana State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 970 of 2013
Party NameShri Ganesh Furniture Works Vs Ashok Kumar
CounselFor Appellant: Mr. B.S. Mittal, Advocate and For Respondents: Mr. Ajay Kumar, Advocate
JudgesNawab Singh, J. (President), B.M. Bedi, Member (J) and Urvashi Agnihotri, Member
IssueConsumer Law
Judgement DateMarch 26, 2014
CourtHaryana State Consumer Disputes Redressal Commission

Order:

Nawab Singh, J. (President)

  1. This appeal is directed against the order November 23rd, 2012 passed by District Consumer Disputes Redressal Forum (for short District Forum), Sirsa, whereby the appellant-opposite party was proceeded exparte and order dated November 19th, 2013, whereby the complaint filed by complainant was accepted. For facilitation, the operative part of the order is as under:

    ........this complaint is hereby allowed with a direction to the opposite party, either to immediately remove or to replace the damaged wooden work, within a period of one month, after the receipt of copy of this order, otherwise to pay a sum of Rs. 2,12,000 to the complainant with interest at a rate of 9% per annum, from the date of the filing of this complaint i.e. 25.7.2012 till payment. In case of payment, the opposite party shall be at liberty, to remove and collect the wooden material from the house of the complainant, at his own cost.

    Ashok Kumar-complainant (respondent herein) gave contract to Rohtash Jangra (Foji) proprietor of Shri Ganesh Furniture Works-opposite party (appellant herein) for doing wood work, that is, for fitting of doors, gate, window and ventilators, etc. in the house which was constructed by him. The total consideration amount was Rs. 2,12,000 which was paid by the respondent to the appellant.

  2. The respondent filed complaint under Section 12 of the Consumer Protection Act, 1986 alleging that the wood used by the appellant in the work done, was of inferior quality, due to which the wooden doors frames, etc. cracked within seven months. He sought refund of Rs. 2,12,000 along with interest at the rate of 18% per annum from the date of receipt of the total amount till its realization, Rs. 50,000 for mental agony, harassment and Rs. 5,500 as litigation expenses.

  3. The appellant was proceeded ex parte before the District Forum vide order dated November 23rd, 2012.

  4. Having considered the evidence produced by the respondent-complainant, the District Forum allowed complaint and issued direction to the appellant as noticed in the opening paragraph of this order.

  5. The solitary submission of the learned Counsel for the appellant is that he be granted an opportunity to file written...

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