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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

B.H.Gadhavi

CC-14-244

Page 3 of 19

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

B.H.Gadhavi

CC-14-244

Page 4 of 19

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

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