After a man complained that a contractor abandoned tile-laying work after taking Rs 85,000, the Kangra Consumer Court, Himachal Pradesh, directed the contractor to refund the amount with 9 per cent interest per annum from the date of the complaint till its realisation, besides paying Rs 40,000 as compensation and Rs 10,000 as litigation cost.

President Hemanshu and members Arti Sood and Narayan Thakur noted that the independent expert appointed by the commission had assessed the actual restoration cost at Rs 1,26,663. 

“Keeping the relief confined to the scope of the original pleadings, the commission deems it just, fit, and proper to restrict the principal recovery to the paid amount and grant a quantified compensation of Rs 40,000 to address the profound harassment, mental agony, and financial distress suffered by the complainant,” the order said on June 1.

It was submitted that the notices were sent to the opposite party by the commission, which were duly served, but none appeared on behalf of the opposite party and the matter was proceeded ex parte. 

The complainant was called upon to produce evidence, and he produced all the requisite documents; on the other hand, the opposite party, despite valid service, did not bother to contest the complaint and opted to remain ex parte. 

The District Consumer Disputes Redressal Commission, Kangra, Himachal Pradesh, held that the contractor, despite valid service, did not bother to contest the complaint and opted to remain ex parte. 

Noting the material on record, the commission observed that the evidence adduced by the complainant remains unrebutted and unchallenged, and hence, there was no reason to disbelieve the cogent and convincing evidence adduced by the complainant. 

To ascertain the factual reality and assess the exact nature and valuation of the loss, the commission, through its order dated December 20, 2025, appointed Vishal Jassal, B.Tech Civil, as an independent expert local commissioner to inspect the premises. 

The Local Commissioner visited the site on December 29, 2025, in the presence of the complainant’s counsel and submitted his detailed technical report dated January 5, 2026. 

In his report, the expert mentioned that the tile work was laid in cement mortar wherein 70 per cent of the tiles were found to be loose and making hollow noises when walked upon on the floor surface. 

The expert explicitly observed that there was no scope or alternative available for repairing the defective work, and the only viable remedy to ensure a smooth, stable, and acceptable finish was to completely remove the old tiles and lay fresh tiles. 

The expert had assessed the total cost to restore the premises to its proper state at Rs 1,26,663.

It is pertinent to note that while the independent expert assessed the actual restoration cost at Rs 1,26,663, the complainant has strictly restricted their prayer in the original complaint to a refund of the consideration actually paid to the contractor, the commission said.

 Therefore, keeping the relief confined to the scope of the original pleadings, the commission restricted the principal recovery to the paid amount and granted a quantified compensation of Rs 40,000 to address the profound harassment, mental agony, and financial distress suffered by the complainant. 

Accordingly, the commission allowed the complaint and the opposite party was directed to pay an amount of Rs 85,000 to the complainant along with interest at 9 per cent per annum from the date of complaint till its realisation. 

Apart from this, the opposite party was also directed to pay compensation to the complainant to the tune of Rs 40,000, besides litigation costs quantified as Rs 10,000.

The ruling underscores that a contractor cannot abandon the work midway and leave the consumer stranded. It highlights that a consumer cannot be deprived of their right to relief.

In this case, the commission directed the contractor to refund the amount with interest and awarded additional compensation, reaffirming the consumer’s entitlement to redress the grievance of survival.

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh helpline: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.