B.H.Gadhavi
CC-14-244
Page 1 of 19
IN THE CONSUMER DISPUTES
REDRESSAL COMMISSION, GUJARAT STATE AT
AHMEDABAD.
Court-2
COMPLAINT NO. 244 OF 2014
M/s. Royal Are Electrodes Ltd.
A company registered under
Companies Act,1956
203 to 205 business classic
Chincholi Bunder Road,
Opp. Seksaria Indl. Estate,
Malad (E), Mumbai-400064
Through it’s authorised representative
Mr. Prashant Gomes,
Manager Accounts.
...Complainant
Vs
1. M/s Pyramid Building System Pvt. Ltd.
Plot No. 23,1st Floor,
Gajanand Bhavan,
Opp, Kolsite Road Apt,
Danlat Nagar Society,
Vapi, Gujarat
2. Mr. Arjun Soni, Director
180 B, Phase II, Sardar Chauk,
GIDC, Vapi-396195
3. Mr. Rajiv Agarwal, Director- Operation
4. Noor Peera, Director- Technical
Address for 3 & 4
Plot No.23, 1st Floor,
Gajanand Bhavan,
Opp. Kolsite Road Apt,
Danlat Nagar Society,
Vapi, Gujarat
…Opponents
Appearance: Ld. Advocate Mr.K.B.Virvadiya
on behalf of the Mr. N.P. Gandhi
for the complainant
Details
DD
MM
YY
Date of Judgment
22 12
2021 Date of filling
21 11
2014 Duration
01 01
B.H.Gadhavi
CC-14-244
Page 2 of 19
Coram : Shri M.J.Mehta Judicial Member
Order by Shri M.J. Mehta, Judicial Member
1. The complainant has filed the consumer complaint
u/s. 17 of the Consumer Protection Act, 1986 due to
deficiency in service, negligence and unfair trade
practice on the part of opponents.
2. The brief facts of the complaint are as under:
Complainant has purchased the land admiring area
of 2,68,989 sq. ft. for the construction of the factory
at Plot No.6, Survey No.91/Palki-A, near Sheela
Foam,
Village:-Zarolli,
Taluka:-Umergaon,
Dist:Valsad to do its manufacturing activities of
Granding Wheels & Flux Core Wire.
3. The opponent No.1 is the Private Limited Company
registered under the companies Act,1956 and
engaged in the business of a pre-engineering steel
building
4. The Opponent No.2 in the Director of the Opponent
No.1 Opponent No.3 is the Director-Operator of the
Opponent No.1 and Opponent No.4 is the Director-
Technical of the Opponent No. 1. the complainant
further states that Opponent No.2 to 4 are looking
the day to day affairs of the Opponent No.1, and
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CC-14-244
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wholly responsible for the day to day activities of the
Opponent No. 1.
5. The complainant states that the Opponent No.1 to
4 known this fact that the complainant was going
to start the construction of factory building at the
aforesaid place. However, the Opponents had
submitted the quotation for pre-engineering steel
building
system
vide
letter
dtd.28.10.2012
wherein Opponent No.1 to 4 are mentioned that
the building will consist of all components
required to construct the primary and secondary
framing (wind bents, wall and roof purlieus) plus
the wall and roof cladding. The Opponents were
specifically mentioned that hardware of building is
included,
interior
partition
wall,
electrical
plumbing cooling, heating foundation, masonry
wall and concrete floor etc. which is produced at
Exh. A.
6. In support of that argument the purchased order
No.8000011 and 8000012 dtd. 27.04.2012 for the
amount of Rs. 1,03,71,725/- and Rs. 76,17,600/-
are produced here at Exh-B
7. It is further submitted before me that it was
specifically mentioned that the pre-engineering
work should be completed within 8 to 9 weeks of
ABCD shed. But there was no any progress
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CC-14-244
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regarding construction of ABCD shed. Hence on
31.05.2013 meeting was taken with Opponent
No.3 regarding the BCD shed, and opponent No.3
also
assured
that
within
the
one
week
construction of the of BCD shed will be completed
and that was produced here at Exh.-C.
8. The complainant further states that since there
was no any progress in construction on of BCD
shed again meeting was held with Opponent No.3
on 04.06.2013, where Opponent No.3 had assured
to despatch the entire material of BCD shed by
1