1

BEFORE THE GOA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION,

PANAJI – GOA

F.A. No. 17/2018

Aster Hospitals Private Limited,

A private company, limited by shares,

Duly constituted under the provisions of

The Companies Act, 1956 and having its

Registered address at Monte Hill, Borda,

Margao, Salcete – Goa, represented herein

By its Director, Dr. Sujoy Arun Das,

Son of Mr. Arun Kumar Das, aged 47 years,

Married, Doctor, Indian National, resident of

Nuvem, Salcete – Goa. ... Appellant

v/s

Area 51,

Interiors and Exteriors Freelancer

A sole proprietary concern of

Mr. Sameer Lotlikar

Major in age, married, business,

Indian National, Having office at

F-3, C Building, Amber Apartments,

Aquem, Margao, Salcete – Goa. ... Respondent

Adv. Mr. Jonathan Costa for the Appellant.

Adv. Mr. B. Fernandes for the Respondent.

Coram: Shri. Justice U. V. Bakre, President

Smt. Vidhya R. Gurav, Member

Dated:- 10/09/2019

JUDGMENT

[Per Justice Shri. U. V. Bakre, President]

2

This Appeal is directed against the Judgment and

Order dated 05/01/2018 passed by the Consumer

Disputes Redressal Forum, South Goa (the Forum, for

short) in Complaint No. 42/2016. The Appellant was the

Complainant and Respondent was the Opposite Party (OP,

for short) in the said Complaint.

2. The said Complaint was filed to direct the OP to refund

to the Complainant the amount of Rs. 8,25,000/- advanced

to the OP for the work of installation of the high quality

HPL windermax cladding, of size 6mm x 8” x 4”, shade 802

covering an area of 2432.02 square feet to the hospital

along with interest accrued thereon at the rate of 18% per

annum calculated from the date of payment till actual

realization and further to pay to the Complainant an

amount of Rs. 5,00,000/- towards compensation on

account of mental pain, harassment and suffering caused

to the Complainant by the OP and on account of loss and

injury suffered by the Complainant due to the negligence of

the OP and to pay costs.

3. Case of the Complainant, in short, is as follows:

The Complainant is a private limited company of

which Dr. Sujoy Arun Das and Dr. Vishal Vishwanath

Gude are the shareholders as well as Directors. The OP is

the sole proprietary concern of one Mr. Sameer Lotlikar

who is an exterior and interiors freelancer. The said Dr.

Sujoy Das and Dr. Vishal Gude planned to establish a

super speciality hospital to cater to the needs of Goa’s

people and to provide quality medical facilities to them and

purchased a plot of land admeasuring about 1,200 square

meters, in Margao city. The said hospital was sought to be

3

set up by the said doctors also for the continued earning of

their livelihood and as a means of self employment. They

constructed the structure of the hospital in consultation

with the experts in the field after obtaining necessary

licenses, permissions, etc. from the concerned authorities.

In order to give an aesthetic look to the construction, the

Complainant engaged the OP who represented himself to

be a reputed player in the market and that he would

procure necessary material, labour and other products as

per the requirements of the Complainant.

The

Complainant had informed the OP that they are in need of

a contractor to install wooden cladding on the front face of

the hospital. At the request of the OP the Complainant

gave the said job of installing and fitting the cladding to the

OP. The OP had promised to procure, purchase and install

high quality HPL windermax cladding. The OP had

represented that the said cladding was of German make of

high quality and offered warranty of 10 years on the same

which warranty covered cracking, colour fading, warping

and bending of the panels. The OP further represented

that we must replace the cladding at its own cost and

liability in case it gave any trouble. The OP estimated the

c

Click Here to Read the rest of this document