KAMLESH BOHRA MAHAJAN Vs. RAMLAL S/O DALCHANDJI

JUDGEMENT

(1.) Counsel for the parties are present. Arguments heard.

(2.) Shri Kamlesh Bohra Mahajan, the petitioner/OP, is the proprietor of Neel Gagan Marble and Gangsa, Near Pepprda Chunginaka, Rajsmad, Rajasthan. The case of the complainant, Shri Ram Lal, is that he handed over marbles to the petitioner-OP for cutting and slab making. The OP did the cutting. The complainant got the cutting of 1700 cubic ft. marble blocks from the OP. The OP asked the complainant to pay an amount of Rs.86,498/-. The complainant was given concession of Rs.1,498/-. After deduction of the concession amount, the complainant was to pay the remaining amount of Rs.85,000/-. The respondent deposited Rs.50,000/- with the OP in cash and paid a cheque in the sum of Rs.35,000/-. It is surprising to note that neither the receipt of Rs.50,000/- nor the bank statement of payment of Rs.35,000/- saw the light of the day. Another cheque of Rs.32,000/- was paid as security but the OP refused to return that cheque as well. The complainant has not bolstered this part of his case with evidence. The grievance of the complainant is that the petitioner was not permitting the complainant to take back 1700 cubic feet marble slabs worth Rs.4,00,000/-. Legal notice was sent to OP but it did not ring the bell. The complaint was filed before the District Forum. The District Forum accepted the complaint and directed the OP to return the slabs of marble of 1700 cubic feet to the complainant and awarded compensation in the sum of Rs.5,000/-. The OP filed an appeal before the State Commission but the State Commission, too, dismissed the appeal.

(3.) Counsel for the respondent submits that the marble was purchased for his house but the pleadings do not support his case.