State Consumer Disputes Redressal Commission
Poonam Chambers B Commercial Premises ... vs M/S Aluplex India Pvt Ltd & Ors on 20 April, 2011
BEFORE THE HON BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Complaint Case No. CC/09/18
1. POONAM CHAMBERS B COMMERCIAL PREMISES CO OP SO LTD PLOT NO.G OF SHIVSAGAR ESTATE, C S NO 1/3 OF WORLI DIVISION, DR.ANNIE BESANT ROAD, WORLI MUMBAI 400018 Maharastra ...........Complainant(s) Versus
1. M/S ALUPLEX INDIA PVT LTD & ORS R-602 (OFFICE BLOCK ) TTC MIDC RABALE NAVI MUMBAI THANE Maharastra
2. Mr.Navin Keswani, Managing Director, M/s. Aluplex India Pvt. Ltd., R-602 (Office Block), TTC, MIDC, Rabala, Navi Mumbai.
............Opp.Party(s) BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER Hon'ble Mrs. S.P.Lale Member PRESENT:
Ms.Saloni Sathe,Advocate, Proxy for ASHISH CHAVAN, Advocate for the Complainant Mr.U.B. Wavikar, Advocate for the Opponents.
O R D E R Per Shri S.R. Khanzode Honble Presiding Judicial Member:
Heard both sides.
This consumer complaint pertains to recovery of damages for the work which left unfinished by the Opponent and was required to get completed through other agencies by the Complainant. Earlier to that, on 23.02.2007 the contract with the Opponent was terminated by the Complainant. In view of the termination of the working contract with the Opponent on the date when this consumer complaint was filed, there is no subsisting relationship as the consumer and the service provider between the parties. At the second instance, if the Opponent, as alleged by the Complainant, failed to carry out construction work and complete the same, as agreed, and therefore, after terminating his contract they were required to get work completed through other agency and for that purpose they are claiming the damages; then, certainly, it is not a consumer dispute and reliefs, as prayed, cannot be claimed under the Consumer Protection Act. The remedy under the Contract Act lies in the Civil Court where the Complainant may pursue the matter according to law. However, as far as this consumer complaint is concerned, for the reasons stated above, the same is not maintainable. We hold accordingly and pass the following order:
O R D E R
(i) Complainant is not admitted and stands rejected accordingly.
(ii) No order as to costs.
Pronounced on 20th April, 2011.
[Hon'ble Mr. S.R. Khanzode] PRESIDING MEMBER [Hon'ble Mrs. S.P.Lale] Member ep