MALKIAT SINGH Vs. PARAMJIT WALIA
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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K.S.GUPTA,PRESIDING MEMBER -
(1.) THIS revision petition has been
filed by the petitioner/OP against the order dated 1.6.2007 passed by the
Haryana State Consumer Disputes Redressal Commission, Panchkula (in
short, the State Commission) in Appeal No. 405 of 2004 - Paramjit
Walia v. Malkiat Singh by which, while allowing appeal, order of District
forum dismissing complaint was set aside.
(2.) BRIEF facts of the case are that complainant/respondent engaged OP/petitioner for extension of roof of two rooms. OP carried out work at
complainants house from 6.4.1999 to 14.4.1999. OP put lintel on the roof
of the said house. Complainant incurred expenditure of Rs.5,000/ - for the
material and Rs.4950/ - for labour. On 26.4.1999, the lintel of the roof
was opened. It was found that lintel was uneven and not at the level of
old construction. Alleging deficiency on the part of OP, complainant
filed complaint before District Forum. OP resisted complaint; denied
allegations made in the complaint and submitted that he had done the work
according to his skill and intelligence. It was further submitted that
complaint has been filed to deprive OP for payment of the labour work
done by him. It was further submitted that complainant fixed the rate of
labour wages @ Rs.170/ - per day and not Rs. 150/ - per day. It was further
submitted that OP never opened lintel, it was opened by the complainant
himself without consent of OP and OP is not responsible for the loss in
such circumstances and prayed for dismissal of complaint. Learned
District Forum after hearing both the parties dismissed complaint along
with cost of Rs.5,000/ -. Appeal filed by the complainant was allowed by
learned State Commission vide impugned order and directed OP to pay
Rs.9950/ - and further awarded Rs.5,000/ - for mental agony against which
this revision petition has been filed.
(3.) NONE appeared for the respondent, though, on earlier dates, Counsel for the respondent appeared.
Heard petitioner in person and perused record.;
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