(1.) The District Forum-II held that the services rendered to complainant for fixing marble floor, grinding together with granite finishing was done carelessly and it lacked good workmanship. It was ordered that a sum of Rs. 32,500/- shall be payable to Smt. Shashi Jain owner of the residential premises where the aforesaid services required. Aggrieved against it, the present appeal has been attempted by Chandrika, the contractor.
(2.) The facts are that Smt. Shashi Jain owns premises No. 1460, Sector 44B, Chandigarh. The residential house was under construction and when the stage arrived for flooring there was negotiation between her and Chandrika on 5.6.1997, 16.6.1997 and thereafter a formal agreement was executed on 18.6.1997. Besides this the entire working was to be completed within 11/2 months as specifically agreed to in writing. A legal notice was served on 20.8.1997 when the performance was found deficient as well as delayed, but it fell on deaf ears. A few important terms & conditions of the agreement are reproduced as under :
(3.) The allegations made in the complaint and averments made in the affidavit have gone totally unrebutted. A perusal of the record of the District Forum shows that on 14.1.1998, the date fixed for appearance of the respondent with the reply, none appeared and the notice was returned undelivered and none appeared when the case was called. It appears that Mr. A.S. Walia, the learned Counsel for the respondent did appear in the later part of the day and he was informed to appear on the next date fixed i.e. 9.3.1998 on the aforesaid adjourned date Mr. A.S. Walia did not appear and another Mr. Harish Bansal appeared but without a reply. If there is a bona fide inability to appear or to file reply on the date fixed usually reply is filed on the next date of hearing. Since no reply was filed on behalf of the contractor concerned on the adjourned date the District Forum adjourned the case for the purpose of evidence. The contractor concerned did not file any affidavit even in rebuttal. In the absence of rebuttal we hold that the compensation of Rs. 32,452/- arrived at by the Forum after taking into consideration the minimum rate of Rs. 20/- per square feet the sum of Rs. 32,452/- arrived at did not call for any interference, however, rounding of this figure and directions that a sum of Rs. 32,500/- shall be payable required modification. It is held that a sum of Rs. 32,452/- only and not Rs. 32,500/- shall be payable within a period of two months failing which appellant shall be liable to pay interest @ 18% p.a. from the date of decision of this appeal till realisation.