PROPRIETOR BISWAJIT PATRA Vs. SANJIB MUKHOPADHYAY

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as the "State Commission") in Appeal No. A/1199/2016 dated 19.01.2018.

(2.) In the Complaint Case, Respondent/Complainant handed over repairing work at roof top of his Flat to the Petitioner/Opposite Party, on the recommendation of Mr. T.K. Mitra, Civil Engineer, vide quotation dated 07.10.2013, with a warranty periodof 10 yearsat a price of Rs.79,652/-.The Respondent paid Rs.60,000/- to the Petitioner in three instalments. It was alleged by the Respondent that the Petitioner engaged unskilled labourers and used inferior quality material for the job.Though, the Respondent several times raised the issue of poor quality of work, the Petitioner turned a deaf ear and continued the work. Later the Petitioner declared that the work had been completed and demanded Rs.19,652/- from the Respondent.It was, however, noticed that the roof developed cracks and water stagnated on the roof seeped through the walls.The cracks in the roof were increasing day by day, causing great danger to him and his family.The Respondent sent a legal notice to the Petitioner for refund of the amount paid for carrying out the repair work, but there was no response. Hence, the Complaint was filed.

(3.) The Complaint was contested by the Petitioner wherein he contended in his Written Statement that after completion of the entire work, the Respondent appointed an Engineer who inspected and approved the repair work done by the Petitioner.Furthermore, the Respondent insisted on additional work, which was also done in good faith. When the final bill was raised, the Respondent flatly refused to pay the balance amount on frivolous grounds and demanded refund of the amount. The Petitioner thus, prayed for dismissal of the Complaint.