AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 29/09/2023 Date of Final Hearing: 23/04/2024 Date of Pronouncement: 30/04/2024 APPEAL No.- FA/23/190 IN THE MATTER OF :

Smt. Priyanka Singh, W/o. Shri Prakash Singh, Proprietor: Crescent Engineering, R/o. Plot No.30/05, Daya Nagar, Risali, Bhilai, Dist. DURG (C.G.) 490 006 … Appellant Through: Shri Om Kukreja, Advocate Vs.

Rajendra Rai, S/o. Shri Narmada Prasad Rai, Partner: CG Industrial Solutions, R/o. Shop No.8, Beside Carmel School, Dhimrapur, Tah. & Dist. RAIGARH (C.G.) … Respondent Through: Shri R.K. Bhawnani, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Om Kukreja, Advocate for the appellant.

Shri R.K. Bhawnani, Advocate for the respondent.

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal, filed under Section 41 of the Consumer Protection Act

2019 (hereinafter called “the Act” for short) is directed against order dated 18.08.2023 passed by District Consumer Disputes Redressal Commission, Raigah (hereinafter called “District Commission” for short) in complaint case No.CC/2022/23 whereby the complaint filed by the respondent herein was partly allowed with the direction that the complainant/ respondent shall enter the disputed bill under GST and thereafter within 45 days of such entry the opposite party / appellant herein shall pay to the complainant / respondent the balance amount of bill including machine and petrol total Rs.26,34,179/- (Twenty Six Lacs Thirty Four Thousand One Hundred Seventy Nine) with compensation for mental, physical, and financial loss Rs.1,000/- (One Thousand) and cost of litigation Rs.1,000/- (One Thousand), failing which the above amounts were directed to be paid with interest @ 6% p.a. from the date of entering the bill under GST. Aggrieved the opposite party has preferred this appeal.

2. In nutshell the facts of the case are that complainant / respondent does business for earning his livelihood in the name of firm CG Industrial Solution in which he is a partner. The said firm carries various works like wall putty, whitewashing, distemper painting, pipe fitting, pipeline coating, aluminum window fitting etc. On 27.09.2019 a work order was awarded by the opposite party/ appellant to the complainant/ respondent in Panchamnagar Project Sagar (MP) for pipe fitting and pipeline coating. As per the work order all arrangements for items, labour and machine were to be done by the complainant/ appellant. The complainant / respondent had to purchase a machine of Rs.2,93,929/- for executing the allotted work. For the works done in the month of October 2019 bill of Rs.12,48,618/- was raised which was paid by the opposite party / appellant. For the works done in the month of November 2019 bill of Rs.17,99,800/- was raised out of which payment of Rs.16,41,800/- was made deducting Rs.1,58,000/- on the saying that the same would be paid with the bill of next month.

3. For the works done in the month of December 2019 bill of Rs.20,02,710/- was raised and along with previous balance of Rs.1,58,000/- and bill of fuel used in the machine/ vehicle Rs.1,79,537/- total bill of Rs.23,40,247/- was sent through email, but the opposite party / appellant refused to pay that amount and kept the machine in his possession. Several requests were made for payment of Rs.26,34,176/- including the price of the machine but nothing was paid. Legal notice was also sent on 06.01.2022 to the opposite party / respondent through email but neither any reply was given nor payment of any amount was done, hence complaint was filed alleging deficiency in service and unfair trade practice against the opposite party/ appellant.

4. The opposite party / appellant in its written version except the admitted facts denied all the adverse allegations leveled against it and averred that payment to the extent of works completed by the complainant/ respondent has alread