STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 18.10.2022 Date of Decision : 24.02.2026

1. M/s H & R Johnson (India) Division of Prism Johnson Limited (formerly Prism Cement Limited), having its Registered Office situated at 305, Laxmi Niwas Apartments, Ameerpet, Hyderabad-500016, through its Authorized Signatory Prathmesh Baviskar.

2. General Manager Marketing of H & R Johnson (India) Division of Prism Johnson Limited (formerly Prism Cement Limited) having situated at 7^th Floor, Windsor, CST Road Kalina, Santacruz East, Mumbai, Maharashtra-400098.

…..Appellants/Opposite Parties Versus Sandeep Bhalla S/o Raj Bhalla, R/o House No.100, Vijay Nagar, Jagraon, Punjab.

..…..Respondent/Opposite Party First Appeal under Section 41 of Consumer Protection Act, 2019 for setting aside the order dated 16.08.2022 passed by the District Consumer Disputes Redressal Commission, Ropar, Camp Court at Ludhiana in RBT/Consumer Complaint No.257 of 2018.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mr. Vishav Kant Garg, Member Present:-

For the Appellants : Sh. Vaibhav Narang, Advocate For the Respondent : Sh. Varun Sharma, Advocate

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The Appellants/OPs have filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) being aggrieved by the order dated 16.08.2022 passed by the District Consumer Disputes Redressal Commission, Ropar Camp Court at Ludhiana (in short the “District Commission”) in RBT/Consumer Complaint No.257 of 2018, whereby the Complaint filed by the Complainant had been allowed.

2. There was delay of 17 days in filing of the Appeal. M.A. No.1406 of 2022 was filed for condonation of delay which was supported by an affidavit. The delay of 17 days was condoned vide order dated 20.10.2022. M.A. was disposed off accordingly.

3. Briefly, the facts of the case of the Complainant which are necessary for disposal of the present Appeal are that the Complainant being aggrieved by the action of the OPs had filed the Complaint before the District Commission with the following prayer :-

“It is, therefore, prayed that the respondents may kindly be directed to disburse the claim amount an amount of Rs.6,77,788.83/- from the date of payment, paid to the respondents for the kitchen and other costs with an interest @12% per annum till its realization and cost of tile/granite incurred band also to pay Rs.1,00,000/- for mental agony and harassment for rendering deficient service and for unfair trade practice on the part of the respondents as well as to pay Rs.51,000/- as litigation expenses.”

4. Upon issuing notices in the said Complaint to the OPs, they had failed to appear and were proceeded exparte vide order dated 23.07.2018.

5. By considering the averments made in the Complaint and as well as the oral arguments raised by the Counsel for the Complainant and the documents available on record, the District Commission had allowed the Complaint. The relevant part of the order as mentioned in para 7 of the order dated 16.08.2022 is reproduced as under :-

“7. Consequently, the complaint of the complainant is hereby accepted with the directions to the OPs to pay an amount of Rs.6,77,788.83/- along with interest @7% per annum from the due date till its payment along with compensation to the tune of Rs.50,000/- with Rs.15,000/- as litigation expenses. The OPs are further directed to comply with the said order within 30 days from the date of receipt of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.

6. Being aggrieved by the Order dated 16.08.2022 passed by the District Commi