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First Appeal No. : 145/2020
Date of Presentation: 17.12.2020
Order Reserved on : 21.06.2021
Date of Order
: 07.07.2021
……
M/s Floorkraft Plot No.874, First Floor, Swarn Park, Mundka
New Delhi-110041 through its proprietor Shri Ankur Verma
S/o Sh.Vijay Verma.
……..Appellant/Opposite party No.2.
Versus
1. Sh.Sachin
Rao
S/o
Sh.Jagdish
Ram,
resident
of
Aryanagar, Friend Colony, Una, Himachal Pradesh at
present residing at Bunkar 79, Green Avenue Rakkar
Colony, Una, Himachal Pradesh.
…....Respondent No.1 /Complainant.
2. M/s Yessica Enterprises, Nangal Road, Near Municipal
Committee, Tehsil and District Una, Himachal Pradesh
through its proprietor Anand Khurana.
…....Respondent No.2 /Opposite party No.1.
Coram
Hon’ble Ms. Sunita Sharma, Presiding Member
Hon’ble Mr. R.K.Verma, Judicial Member
Whether approved for reporting?1
For Appellant
: Mr.Sandeep Mahajan, Advocate.
For respondents
: Already ex-parte.
Ms.Sunita Sharma, Presiding Member:
O R D E R :-
1. Present appeal has been filed against the order
dated 03.11.2020 passed by Learned District Consumer
1Whether reporters of the local papers may be allowed to see the order?
M/s Floorkraft Vs Sachin Rao & Anr.
F.A. No.145/2020
2
Forum/Commission, Una, H.P. in consumer complaint
No.43/2019, titled Sachin Rao Versus Yessica Enterprises &
Anr.
Brief facts of consumer complaint:
2. Briefly,
the
case
of
complainant
is
that
complainant for the purpose of earning his livelihood by
means of self employment opened GYM in the name and style
of Bunker 79 at Green Avenue, Rakkar Colony, Una.
Complainant intended to install rubberized floor Mats along
with grass mats in the GYM and complainant ordered said
floor Mat and grass Mats to opposite party No.1 who at the
time of delivery assured that mats are of higher standard, non
slippery and free of all defects. Opposite party No.1 visited the
GYM of complainant to measure the area of about 980 square
feet. Complainant paid Rupees 49,147/- vide Invoice No. 535
dated 25-03-2019 and Invoice No.552 dated 27-03-2019 to
opposite party No.1. Opposite party No.1 then installed the
said rubberized floor Mats in the said GYM of complainant
along with grass mats. After installation, there was space of
2-3 inches between floor Mats and due to that their
appearance and furnishing was not appearing to be good.
Opposite party No.1 assured the complainant that officials of
opposite party No.2 will visit the GYM and will rectify the
defects, but defects were not removed. After a week of
installation, the colour of mats started fading away and there
M/s Floorkraft Vs Sachin Rao & Anr.
F.A. No.145/2020
3
was difference in the colour of mats which looks very shabby.
Mats also started tearing and some white material started
coming out. Complainant told regarding this to opposite party
No.1 who visited the GYM of complainant and after seeing the
condition took photographs and assured that officials of
opposite party No.2 will replace the Mats with new one, but
no one removed the defects. Complainant also contacted
opposite party No.2 telephonically, but defects were not
removed. With these averments prayer has been made by
complainant to direct the opposite parties either to replace the
defective rubberised floor Mats with new one or to return back
amount of Rs. 49,147/- along with punitive compensation of
Rs.10,000/- and to pay litigation costs of Rs.10,000/-.
3.
Opposite
party
No.1
filed
separate
reply.
Preliminary objections of maintainability, cause of action,
estoppel and concealment of material facts, have been taken.
On merits, it is admitted that mats have been purchased by
complainant from opposit
