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2025 Supreme(Online)(SCDRC) 37789

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SHISHPAL SINGH – Appellant
Versus
RAM CHANDAR – Respondent
SC/4/A/212/2024



Petitioner Advocates:HIMANSHU RAJ ,Respondent Advocate:

STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH FIRST APPEAL NO. SC/4/A/212/2024 SHISHPAL SINGH PRESENT ADDRESS - MLA FLAT NO. 54, SECTOR 3, CHANDIGARH ,CHANDIGARH.

.......Appellant(s)

Versus RAM CHANDAR PRESENT ADDRESS - VILLAGE HARIPURA, TEHSIL RANIA, DISTRICT SIRSA ,CHANDIGARH.

KAVITA RANI PRESENT ADDRESS - VILLAGE HARIPURA, TEHSIL RANIA, DISTT. SIRSA ,CHANDIGARH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. PADMA PANDEY , PRESIDING MEMBER HON'BLE MR. PREETINDER SINGH , MEMBER FOR THE APPELLANT:

SHISHPAL SINGH DATED: 31/07/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH (Additional Bench Shishpal Singh S/o Sh.Om Prakash R/o MLA Flat No.54, Sector-3, Chandigarh-

160001.

------Appellant V e r s u s

1. Ram Chander S/o Sh.Khyali Ram R/o Village Haripura Tehsil Rania, Distt. Sirsa ..

2. Kavita Rani W/o Ram Chander,R/o Village Haripura, Tehsil Rania, Distt. Sirsa.

…Respondents Appeal under Section 41 of the Consumer Protection Act, 2019 against order dated 20.03.2023 passed by District Consumer Disputes Redressal Commission-I, U.T. Chandigarh in Consumer Complaint No.789/2022.

BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER MR.PREETINDER SINGH,MEMBER For the appellant Sh. Abhyudayaa Chandra, Advocate (on VC) proxy for Sh.Himanshu Raj, Advocate for the appellant.

For respondents No.1&2 Ex-parte vide order dated 10.12.2024.

PER PREETINDER SINGH, MEMBER This appeal is directed against the order dated 20.03.2023, rendered by District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (hereinafter to be referred as “the Ld. District Commission”), vide which, it partly allowed the complaint directing the Opposite parties as under ;

(i) To refund amount of 1,50,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.

(ii) to pay an amount of 20,000/- to the complainant as compensation for causing mental agony and harassment to him;

(iii) to pay 10,000/- to the complainant as costs of litigation.

This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.”

2. Before the Ld. District Commission, it was case of the complainant/appellant that the complainant and Opposite Parties No.1 & 2 were in constant touch with each other regarding quotations and specifications for the products to be used in the complainant’s house and on the assurances and commitments made by the Opposite parties, the complainant entered into an oral agreement with them , whereby the Opposite parties promised to provide the complainant with premium quality products i.e., UPVC doors and windows with DGU (Double gazed units) glass alongwith other requisite services for a total consideration of Rs.5,50,000/- including freight and scaffolding charges. It was assured and promised by the Opposite Parties that the entire work will be completed by August 2021. It was averred in the complaint that as mutually agreed between the parties, out of total consideration of Rs.5,50,000/-, an amount of Rs.3,00,000/- was to be paid by the complainant initially and the remaining amount of Rs.2,50,000/- was to be paid in two equal instalments of Rs.1,25,000/- each i.e. one instalment after the completion of the work and second on handing over keys. The complainant paid initial amount of Rs.3.00 Lakhs vide cheque bearing No.501813 in the name of Opposite Party No.2 as the Opposite Parties were husband and wife. It was alleged that after accepting the considerate amount of Rs.3,00,000/-, when the opposite parties started harassing the complainant in providing the products, the complainant had to pay another amount of Rs.1,50,000/- vide cheque dated 19.8.2021. It was further alleged that after receiving a substantial amount of Rs.4,50,000/- , the O

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