LAWS(NCD)-1999-10-60

INDIVER CHADHA Vs. TARSEM THAKUR

Decided On October 22, 1999
INDIVER CHADHA Appellant
V/S
TARSEM THAKUR Respondents

JUDGEMENT

(1.) -The complainant requisitioned the services of M/s. Chadha Advertisers for installation of one Glow Sign Board at the top of his business premises, SCO No. 311-12, Sector 35/B, Chandigarh on 12.1.1997 and paid Rs. 4,405/- for this purpose. However, the aforesaid Glow Sign Board cracked the next day and fell on the ground. The District Forum-II, Chandigarh ordered on 21.7.1998 a refund of Rs. 4,405/- with interest at the rate of 15% per annum from 18.2.1997. Aggrieved against it, the present appeal has been attempted.

(2.) The memo Annexure P1 dated 12.1.1997 establishes that total charges payable were Rs. 4,405/- and a sum of Rs. 2,000/- was paid at the time of placing of the order. The payment of the remaining sum of Rs. 2,405/- is established by the affidavit of Tarsem Thakur dated 16.4.1998. A notice was also served through Mr. Jagmohan Singh Johal, Advocate, Chandigarh which is dated 22.3.1997. The Registered A.D. is also on the record. The respondent did not appear in the District Forum, despite service and in appeal as well. The memorandum of appeal is not supported by any affidavit, contradicting documentary evidence, relied upon by the complainant. In fact neither the appellant, who belongs to Chandigarh nor his lawyer has come forward today.

(3.) After hearing Mr. Jagmohan Singh, Counsel for the respondent and perusal of the record of the District Forum, there is nothing to disturb the finding of fact and the appeal is dismissed. The order of the District Forum dated 21.7.1998 is affirmed. Appeal dismissed.