DESIGNER INTERNATIONAL Vs. RAJ KUMAR DUTTA

JUDGEMENT

(1.) This order is directed against the order dated 6.5.2003 in Complaint Case No.224 of 2001 by District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short, hereinafter, to be referred as District Forum-I ).

(2.) The contextual facts in brief are as under : the respondent/complainant, resident of H. No.1541, Sector 36-D, Chandigarh hired the services of appellant/o. Ps, Proprietor/partner of Designer International for prepartion of plan of first floor of his house and all necessary actions for the approval of this plan from the Competent Authority i. e. , Estate Officer. As per averments the entire fee of Rs.5,000/- was paid vide Cheque No.442176, dated 12.1.2000. The aforesaid plan when submitted for approval was returned for want of Architect's signatures (Annexure P-1 ). The respondent/complainant has alleged that when the appellant/op was approached to put signatures on it and remove the deficiencies in the plan he refused to perform his legal obligations arising out of the contract. The respondent/complainant has submitted that the entire consideration stood paid up to the appellant and due to refusal by him to comply with the terms and conditions, he has rendered deficient services for which Rs.25,000/- with interest @ 24%, since 12.1.2000 till realisation have been claimed. The respondent/complainant has also prayed for a direction to the appellant/o. P. to comply with the conditions stated in letter dated 14.3.2000 issued by the Estate Officer.

(3.) In the reply filed by the respondents the preliminary objections of concealment of material facts necessary for the decision of the case has been taken. The appellant/o. P. has submitted that as per term of contract/agreement between the complainant and O. P.3% of Rs.10 lacs. i. e. , Rs.30,000/- was agreed to be paid by the complainant out of which Rs.5,000/- was paid in advance against which the drawings were prepared and given to the complainant. Further, amount of Rs.5,000/- for preparation and submission of drawing after being duly signed, Rs.5,000/- for objection, if any, and for compliance of those objections, Rs.5,000/- after obtaining sanctioned building plain from the Estate Office, Rs.5,000/- on completion of detailing for construction, and Rs.5,000/- for periodic supervision during the construction, were to be paid. The appellant has submitted that against Rs.5,000/- paid by the respondent/complainant the drawings were prepared and given and for executing the other steps of the contract since the complainant refused to make any further payment he was not obliged to undertake any job. On merits, it has been submitted that at the initial stage the agreement between the parties was for the preparation of the drawings only and no other services were agreed to be rendered. After the preparation of drawings and submitting the same to the Estate Office the respondent/complainant terminated the contract vide Annexure R-1. The appellant has alleged that the complaint has been filed with ulterior motive to get the work done without making the payment. It has further been submitted that his services were not hired beyond the preparation of the building plan which was prepared and submitted to the Estate Officer. The allegation of deficiency have been denied. The receipt of legal notice has also been denied.