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M/s. Gupta Electricals Pvt. Ltd., Through Proprietor Shri Naveen Gupta Roshan Road Near Obc Bank Hoshiarpur v/s Sampuran Kaur & Another


Company & Directors' Information:- GUPTA CORPORATION PRIVATE LIMITED [Active] CIN = U40100MH2005PTC154038

Company & Directors' Information:- M R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051324

Company & Directors' Information:- U P ELECTRICALS LIMITED [Active] CIN = L31200DL1971PLC005666

Company & Directors' Information:- S T ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909PN1998PTC012975

Company & Directors' Information:- GUPTA INDIA PRIVATE LIMITED [Active] CIN = U51311DL1996PTC077255

Company & Directors' Information:- GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U52110DL1974PTC007339

Company & Directors' Information:- B L ELECTRICALS LIMITED [Active] CIN = U29308CH1989PLC009113

Company & Directors' Information:- V N P ELECTRICALS PRIVATE LIMITED [Active] CIN = U31100MH2004PTC144339

Company & Directors' Information:- GUPTA AND GUPTA PRIVATE LIMITED [Active] CIN = U55204DL1954PTC002390

Company & Directors' Information:- M E ELECTRICALS PRIVATE LIMITED [Active] CIN = U74900KA2011PTC061380

Company & Directors' Information:- V S ELECTRICALS PRIVATE LIMITED [Active] CIN = U40104WB1995PTC075508

Company & Directors' Information:- P S ELECTRICALS PRIVATE LIMITED [Active] CIN = U27209TN1982PTC009485

Company & Directors' Information:- NEAR INDIA PRIVATE LIMITED [Active] CIN = U72200KA2009PTC050999

Company & Directors' Information:- ROSHAN COMPANY PRIVATE LIMITED [Active] CIN = U51102TN1981PTC008761

Company & Directors' Information:- K A ELECTRICALS PRIVATE LIMITED [Active] CIN = U31103DL2011PTC224196

Company & Directors' Information:- S K GUPTA PRIVATE LIMITED [Active] CIN = U26900MH1973PTC016294

Company & Directors' Information:- P. R. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29268MH2009PTC190099

Company & Directors' Information:- R J M S ELECTRICALS PRIVATE LIMITED [Active] CIN = U31401KA2011PTC059008

Company & Directors' Information:- B R I ELECTRICALS PVT LTD [Active] CIN = U45201GJ1995PTC025017

Company & Directors' Information:- K P ELECTRICALS PRIVATE LIMITED [Active] CIN = U99999MH1959PTC011501

Company & Directors' Information:- ELECTRICALS INDIA PVT LTD [Active] CIN = U74210MH1977PTC004605

Company & Directors' Information:- M S K ELECTRICALS PVT LTD [Active] CIN = U31200WB1984PTC038215

Company & Directors' Information:- R. K. GUPTA AND COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052138

Company & Directors' Information:- N C S ELECTRICALS INDIA LTD [Strike Off] CIN = U31300DL1982PLC013233

Company & Directors' Information:- B K ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909DL2005PTC134388

Company & Directors' Information:- B R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U63013DL2000PTC107343

Company & Directors' Information:- E INDIA ELECTRICALS PRIVATE LIMITED [Active] CIN = U74999DL2015PTC276416

Company & Directors' Information:- M J ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U99999MH1984PTC032408

Company & Directors' Information:- T N GUPTA PVT LTD [Active] CIN = U02005WB1951PTC020141

Company & Directors' Information:- B C ELECTRICALS PVT LTD [Active] CIN = U31200WB1988PTC044210

Company & Directors' Information:- V V ELECTRICALS PRIVATE LIMITED [Active] CIN = U31400TG2015PTC098219

Company & Directors' Information:- D P H ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909DL2009PTC186700

Company & Directors' Information:- K & G ELECTRICALS PRIVATE LIMITED [Active] CIN = U31908DL2008PTC176859

Company & Directors' Information:- G S R ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31908KA2011PTC058093

Company & Directors' Information:- J K ELECTRICALS PRIVATE LIMITED [Active] CIN = U31501DL2011PTC218538

Company & Directors' Information:- F T S ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29191WB1997PTC086018

Company & Directors' Information:- S AND C ELECTRICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U31200TN2008PTC066922

Company & Directors' Information:- J. B. ELECTRICALS PRIVATE LIMITED [Active] CIN = U51900MH2006PTC159750

Company & Directors' Information:- M. L ELECTRICALS PRIVATE LIMITED [Active] CIN = U31401MH2008PTC184853

Company & Directors' Information:- D. K. ELECTRICALS PRIVATE LIMITED [Active] CIN = U51101MH2011PTC221573

Company & Directors' Information:- R J ELECTRICALS PRIVATE LIMITED [Active] CIN = U40300DL2007PTC161839

Company & Directors' Information:- K R ELECTRICALS PVT LTD [Active] CIN = U45309KL1975PTC002663

Company & Directors' Information:- J P ELECTRICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC029523

Company & Directors' Information:- G V ELECTRICALS PVT LTD [Active] CIN = U28920MH1985PTC035529

Company & Directors' Information:- A V GUPTA AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U24239DL1999PTC102248

Company & Directors' Information:- A T ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC073323

Company & Directors' Information:- L R ELECTRICALS PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021712

Company & Directors' Information:- Y P GUPTA AND COMPANY PVT LTD [Under Process of Striking Off] CIN = U74899DL1983PTC016661

Company & Directors' Information:- J S GUPTA AND CO PVT LTD [Strike Off] CIN = U20211UP1975PTC004078

Company & Directors' Information:- A. D. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U74999WB2010PTC154952

Company & Directors' Information:- J AND J ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31100DL1988PTC034110

Company & Directors' Information:- M K GUPTA AND CO PRIVATE LTD [Strike Off] CIN = U74999DL1979PTC009517

Company & Directors' Information:- B N B ELECTRICALS PVT. LTD. [Strike Off] CIN = U51395RJ1983PTC002651

Company & Directors' Information:- S. K. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29308UP1995PTC018037

Company & Directors' Information:- A J GUPTA AND CO PRIVATE LIMITED [Strike Off] CIN = U74210UP1980PTC004986

Company & Directors' Information:- A C E ELECTRICALS PVT LTD [Strike Off] CIN = U32201GJ1987PTC009880

Company & Directors' Information:- I AND I ELECTRICALS PRIVATE LIMITED [Active] CIN = U51395RJ1988PTC004250

Company & Directors' Information:- B B ELECTRICALS PRIVATE LIMITED [Active] CIN = U31200MH1978PTC020462

Company & Directors' Information:- R. S. S. ELECTRICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909UP2014PTC064814

Company & Directors' Information:- G D ELECTRICALS PRIVATE LIMITED [Active] CIN = U51505DL2003PTC120403

Company & Directors' Information:- R R ELECTRICALS PVT LTD [Active] CIN = U31909GJ1980PTC003764

Company & Directors' Information:- A 2 Z ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31401WB2012PTC186695

Company & Directors' Information:- M K ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31101UP1988PTC009605

Company & Directors' Information:- D J ELECTRICALS PRIVATE LIMITED [Active] CIN = U32106MH2006PTC159195

Company & Directors' Information:- G R ELECTRICALS PRIVATE LIMITED [Active] CIN = U74120MH2011PTC216648

Company & Directors' Information:- D N ELECTRICALS PRIVATE LIMITED [Active] CIN = U74120MH2011PTC225500

Company & Directors' Information:- T I R ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U40300UP2013PTC055734

Company & Directors' Information:- J P S ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31300DL1998PTC096590

Company & Directors' Information:- M F ELECTRICALS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062541

Company & Directors' Information:- G P G ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U52100DL2010PTC198115

Company & Directors' Information:- A. G. P. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31103GJ2011PTC064199

Company & Directors' Information:- D. R. GUPTA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1944PTC000794

Company & Directors' Information:- U A ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U32109DL1992PTC050703

Company & Directors' Information:- S P GUPTA AND CO PVT LTD [Strike Off] CIN = U26932RJ1972PTC001459

Company & Directors' Information:- D V J ELECTRICALS PVT LTD [Strike Off] CIN = U31103WB1988PTC043721

Company & Directors' Information:- D L F ELECTRICALS PVT LTD [Strike Off] CIN = U27101DL1984PTC018955

    Revision Petition No. 840 of 2015

    Decided On, 24 November 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioner: Ankur Bansal, Advocate. For the Respondents: R1, Nemo, R2, Karunakar Mahalik, Advocate.



Judgment Text

Oral:No one has appeared for the complainant to argue this matter despite the scanned record and video link having been sent to her counsel. The Court Master also sent a message to the learned counsel for the complainant requesting him to join but he has not joined the proceedings. A perusal of the record would show that no one had appeared for the complainant on 28.08.2020, 14.10.2020 and 27.10.2020 which were the last three dates of hearing. The matter being very old matter, the revision petitions having been filed in the year 2012 and the consumer complaints having been filed in 2008, there is no justification for any further adjournment. I have therefore heard the learned counsel for the opposite parties in the consumer complaints, namely, Gupta Electricals Pvt. Ltd. and Punjab State Power Corp. Ltd. and have considered the record.2. The Punjab State Power Corp. Ltd. hereinafter to as the ‘Corporation’, had floated a scheme under which tublewell connections could be installed by the farmers with the approval of the said Corporation . On the complainant applying for the tubewell connection under the said scheme known as “OYT Scheme” and depositing Rs.27500/- on 13.2.2008, an estimate was prepared by Jr. Engineer of the Corporation and according to the complainant, he was asked to contact the petitioner Gupta Electricals for purchasing the requisite equipment and installing the transformer, poles and providing wiring upto her field. The petitioner demanded an amount of Rs.249110/- from the complainant for the aforesaid work which included the cost of the transformer and other equipment, wires, poles etc. The complainant paid a sum of Rs.239100/- to the petitioner on 25.3.2008. The work awarded to the petitioner however, was not completed and consequently the electricity connection was not released by the Corporation. The complainant therefore approached the concerned District Forum by way of a consumer complaint seeking compensation etc.3. The complaint was resisted by the petitioner as well as by the Corporation. In its reply, the Corporation admitted approval of the application of the complainant for installation of tubewell and deposit of registration fee as well as approval of the layout / sketch and bill of material. It was interalia stated in the written version of the Corporation that after approval of the sketch and bill of material, a refund order of Rs.25,000/- has to be issued to the farmer, after getting clearance from CEI Punjab, alongwith test report from the contractor, the connection is to be released. However, in this case the connection could not be released for want of requisite clearance certificate and test report.4. In its written version the petitioner admitted the transaction with the complainant. It was alleged that as per the approved site plans, the transmission line was to cross the house of a resident of the village, namely, Tarsem Singh but he did not allow the transmission line to cross over his house and, therefore, the work could not be completed though the petitioner had erected poles and taken wiring upto the house of Tarsem Singh.5. Another consumer complaint was filed by the complainant before the District Forum with a grievance that the petitioner had charged extra amount of Rs.92802/- from her. The details of the said excess charges have been given in para 5 of the consumer complaint. This consumer complaint was also opposed by the petitioner which denied having charged excess amount from the complainant6. The District Forum directed the petitioner to perform its part of contract and install the transformer. The Corporation was directed to release tubewell connection to the complainant. No compensation was awarded to the complainant though litigation cost quantified at Rs.2,000/- was awarded.7. Vide its order dated 9.6.2009 passed in the second consumer complaint, the District Forum directed the petitioner to refund the amount of Rs.92002/- to the complainant alongwith cost of litigation quantified at Rs.1,000/-8. Being aggrieved from the orders passed by the District Forum, the complainant preferred an appeal before the State Commission being FA/315/2009. The petitioner preferred two appeals before the State Commission, the said appeals being FA/347/2009 and FA/1035/2009.9. Vide its order dated 29.2.2012, the State Commission while dismissing FA/315/2009 and FA/347/2009 filed by the petitioner directed the petitioner to pay a sum of Rs.60,000/- as compensation to the complainant. FA/1035/2009 however was dismissed by the State Commission. Being aggrieved from the order passed by the State Commission, the petitioner is before this Commission by way of these two separate revision petitions.10. It would be seen from the facts noted hereinabove that the case of the petitioner has been that the work could not be completed by it on account of one resident, namely, Tarsem Singh who had refused the cable crossing over is house. As per the approved sketch/lay out, the wiring was to cross over his house before it would reach the field of the complainant. However, no evidence was produced by the petitioner before the District Forum to prove the alleged refusal by the resident Mr. Tarsem Singh to allow the electrical wiring to cross over his house. No notice was ever given by the petitioner to the complainant stating therein that the work had been stopped on account of refusal of Tarsem Singh to allow the electrical wiring to cross over his house. On the other hand, the complainant filed the affidavit of Mr. Tarsm Singh and in the said affidavit he declined the alleged refusal. The Fora below were therefore, fully justified in holding that the plea taken by the petitioner imputing refusal of Shri Tarsem Singh to allow the electrical work to cross over his house, was not correct. The petitioner therefore, had been deficient in rendering services to the complainant which has not completed the work entrusted to it despite having taken Rs.2,39,000/- from the complainant.11. The learned counsel for the petitioner submits that there was no evidence of diesel having been purchased by the complainant and therefore his plea of having hired used tractor for the purpose of irrigating the land could not substantiated. I, however, find no merit in the contention. It has come in the written version of the Corporation that several parts were found missing from the transformer installed by the petitioner. The work was never completed and was never handed over by the petitioner to the complainant. It is for the petitioner to bear the cost of replacement of the parts which got stolen from the transformer. It appears from the impugned order that the complainant did incur some expenditure on replacement of those parts pursuant to interim order passed by the State Commission. In any case, the complainant suffered substantial mental agony and harassment on account of the petitioner having not completed the work despite having taken Rs.2,39,000/- from her. Therefore, the compensation awarded by the State Commission in any manner cannot said to be unjustified or excessive.12. Coming to the second aspect of the matter, it is complainant’s own case that the petitioner had demanded a sum of Rs.2,49,110/- from her for executing the work and she had paid a sum of Rs.239100/- to it. This is not the case of the complainant that the price of the equipment such as transformer or the price of poles, wires etc. had been statutorily fixed and she was charged more than statutory fixed price of the transformer poles etc. This is also not the case of the complainant that the cost of executing the work assigned to the petitioner had been fixed statutorily and she had been charged more than what had been fixed. Therefore, the payment made by the complainant to the petitioner was the consideration mutually agreed between the parties for installation of transformer etc. and fixing the electrical wires to the field of the complainant. Therefore, the complainant cannot be allowed to make a grievance with respect to the consideration charged from her by the petitioner, the said charges being a product of the mutual negotiation between the parties. The Fora below therefore, were not justified in directing ref

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und of Rs.92002/- by the petitioner to the complainant.13. For the reasons stated hereinabove, the revision petitions are disposed of with the following directions:-1. The petitioner shall pay compensation quantified at Rs.60,000/- by the State Commissionto the complainant within 08 weeks from today failing which, petitioner will be liable to pay interest on that amount @ 9% p.a. from the date of its order.2. The order passed by the Fora Below directing the petitioner to refund a sum of Rs.92002/- is set aside.3. The amount deposited by the petitioner with the District Forum shall be paid to the complainant to the extent it required for complying with this order and the balance amount shall be released to the complainant alongwith interest which may have accrued on that amount.4. The petitioner will be entitled to adjust the amount, if any, already paid to the complainant while complying with this order.
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