LAWS(HPCDRC)-2014-4-21

R.K. MISHRA Vs. GURMEET SINGH

Decided On April 07, 2014
R.K. MISHRA Appellant
V/S
GURMEET SINGH Respondents

JUDGEMENT

(1.) Appellant is aggrieved by the order dated 17.10.2012, of learned District Consumer Disputes Redressal Forum, Shimla, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent, has been dismissed.

(2.) Appellant filed a complaint, under Section 12 of the Consumer Protection Act, 1986, against the respondent, alleging that the latter is engaged in the business of carpentry and he had engaged him (respondent) for doing wood work in his flat, at Shimla. According to him, he & his wife paid a sum of Rs.1.75 lacs, to the respondent for doing the work. He executed the work, but the same was of much lesser value, than the amount of money paid to him. It was also alleged that the respondent submitted factitious bills and also filed a civil suit in the court of learned Civil Judge, Shimla, seeking payment of more amount of money, even though, out of the amount of Rs.1.75 lacs already paid, a sum of Rs.80,000/ - was refundable. So, he prayed for issuance of a direction to the respondent for refund of Rs.80,000/ -, with interest and also to pay damages and litigation cost.

(3.) Respondent contested the complaint and pleaded that the same was not maintainable and was also barred by time. As regards merits, it was denied that a sum of Rs.1.75 lacs had been paid. It was pleaded that work executed was worth much more than the money paid and that a sum of Rs.2,08,604/ - was still due to the respondent, for which a civil suit had been filed. Learned District Forum, vide impugned order, has held that the dispute raised in the complaint pertains to settlement of accounts and that civil suit filed by the respondent in Civil Court has already been decided and decree for a sum of Rs.2,08,604/ - passed in his favour. With this finding, the complaint has been held to be not maintainable and consequently dismissed.