West Bengal

South 24 Parganas

CC/85/2015

Srabani Ghosh. W/O Bappaditya Ghosh. - Complainant(s)

Versus

1. The Nest Total Modular Kitchen. - Opp.Party(s)

Abhijit Chakraborty.

14 Feb 2017

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

 AMANTRAN BAZAR, BARUIPUR, KULPI ROAD, KOLKATA-700 0144

                C.C. CASE NO. _85_ OF ___2015__

DATE OF FILING : _16.2.2015__                                                   DATE OF PASSING JUDGEMENT: 14/02/2017

Present                                :   President       :   Udayan Mukhopadhyay

                                                    Member(s)    :    Subrata Sarker                                                                                                   

COMPLAINANT                          :       Srabani Ghosh,w/o Bappaditya Ghosh of A-5/1, Rabindra Pally, Brahmapur, Rishi Apartment, Falt no.B-3, Kolkata – 96.

• VERSUS  -

O.P/O.Ps                                      :  1. The NEST, Total Modular Kitchen having its office at B-24, Brahmapur More, P.S. Bansdroni, Kolkata – 700 096.

                                                            2.  Sujit Adhikary, of 163, Subhaspally, Garia, Kolkata – 700 084, one of the Partner of the company working under the name and style of “The NEST” B-24, Brahmapur More, P.S Bansdroni, Kolkata – 700 96.

                                                          3.     Jayanta Moitra,C/o Shri S.B. Sanyal of E-33, Rabindrapally, Brahmapur, P.S. Bansdroni, Kolkata – 96 one of the partner of the Company under the name and style “The NEST” of B-24, Brahmapur More, P.S. Bansdroni, Kolkata – 96.

_______________________________________________________________________

                                                                                J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member          

                The complainant purchased a newly constructed flat at A-6, Rabindrapalli, Brahmapur, Flat no.B/1, 2^nd floor, Kolkata – 700 096 .

On 25.7.2012 the O.Ps came to the complainant’s flat and introduced themselves as partner of the company working under the name and style of “The Nest”. The O.Ps told that their company dealt with supply of materials and installation of Modular Kitchen with Stainless Steel Baskets and overhead cabinets with a life time warranty against rust and baskets and decoration bathroom. The O.Ps also told the complainant that the offer is valid for30 days from the date of offer and they have a reputation in the market for their goodwill.

On 2.8.2012 and 2.11.2012 the O.Ps make contract with the petitioner for decoration of modular kitchen and bathroom at a total cost of Rs.1,60,320/- and Rs.85000/- respectively.

Subsequently complainant paid to O.p-2 on 6.8.2012, 10.9.2012 and 5.1.2013 amounting to Rs.40,000/-, Rs.20,000/- and Rs.6000/- vide cheque no.423535 , 334981 and 055871 respectively and paid Rs.4000/- on 5.1.2013 totaling to Rs.70,000/-.

Further complainant paid to O.P-3 an amount of Rs.50,000/- on 3.11.2012 vide cheque no.334985 dt. 3.11.2012 and 334986 dt 3.11.2012 of Rs.25000/- each.

But inspite of taking advance money the O.ps did not complete the work. When the complainant asked about the progress of the work, the O.Ps willfully avoids the same and sometimes they also gave written assurance that they will complete the work as early as possible. Then the complainant sends three registered letters to O.Ps 1,2 and 3 on 5.9.2014 through her Ld. Advocate intimating them for completion of the job within 15 days from receipt of the letter. But no response was received from the O.Ps. Till the date of complain no such work regarding modular kitchen and decoration of bathroom was carried out by the O.Ps inspite of receiving Rs.1,20,000/- paid by the complainant.

                The complainant cannot enter the said flat and therefore suffering irreparable loss and thereby it is creating mental agony and loss of time and money.

                O.P nos. 2 & 3 contested the case by filing written version stating that the O.Ps entered into an agreement with the complainant in respect of interior decoration such as false ceiling, bathroom decoration with bath tub and modular kitchen in the flat of the complainant. The O.Ps went to the flat of the complainant along with his men, agents and associates to carry out the said work in terms of the agreement and noticed that there was only an entrance to the flat but there was no wooden door, window or grill of the said flat. The complainant answered that all the works of installation of grill, window and wooden door shall be completed within a week. But no such work was done by the complainant but the O.Ps already installed bath tub inside the bathroom and also completed the work false ceiling at the said flat. O.Ps further stated that on repeated requests the complainant did not install the said window, grill or wooden doors as a result of which the raw materials and building materials so kept by them therein were getting damaged day by day due to water and even those got stolen day by day. But O.P’s men ,agents and associates started the work of installing modular kitchen and also completed installing cabinet inside the kitchen and further ordered for kitchen basket and stated that as per agreement almost 60% to 65% work has been completed by the O.P’s. Then the O.P asked the complainant for making further payment apart from the initial payment but the complainant flatly denied paying any further amount. O.P’s further requested the complainant at least to install the wooden doors, windows and grills but the complainant neglected the said request and stated that she is in no need of any work done by the O.P’s as per the said agreement and literally drove out the O.P’s and his men and mason from the said flat. O.P’s further stated that after few days the father of the complainant requested the O.P’s to start the construction of modular kitchen and accordingly the O.P’s further engaged his men and masons but after 30/40 minutes the complainant came therein and asked the O.P’s that she will not allow the O.P’s to carry out any work further. O.Ps approached further and further to complete the job but the complainant did not allow. Accordingly the O.P’s could no complete the works. The case is running exparte against the O.P-1.

                                                                                            Points for decision

1.  Whether there is any deficiency in service on the part of the O.P’s or not.
2. Whether the complainant is eligible to get relief as prayed for partly or fully. ‘

Decision with reasons

                The complainant paid Rs.1,20,000/- to the O.P-2 and O.P-3 through cheque and the copy of those cheque has been filed by the complainant. The O.Ps could not submit any proof that the flat was incomplete in construction. They also could not file any chalan or delivery slip in support of their statement that they delivered different items to the flat of the complainant and started work as per agreement. The O.Ps also did not lodge any FIR to the local P.S stating that their materials have been lost/stolen from the flat of the complainant. In a nut shell the O.Ps did not complete the job assigned to them. For the reason the complainant could not enjoy her flat.

                With that observation, it is

                                                                                                                Ordered

That the complaint case is allowed against O.P nos. 2 & 3and ex-parte against O.P-1.

The O.Ps are directed to complete the entire work of decoration of modular kitchen , bathroom and other works as per agreement with the complainant within 45 days from this date with full satisfaction of the complainant, failing which entire money will be refunded to the complainant along with interest @8% p.a from the date of last payment till the date of realization.

The complainant shall pay the balance amount as per agreement within this period.

O.Ps shall have to pay compensation to the tune of Rs.50,000/- for harassment , mental agony , pain , anxiety and litigation cost of Rs.10,000/- within 45 days from this date jointly and/or severally.

It may be mentioned here that if the O.Ps failed to comply the above order then complainant is at liberty to execute the order through this Forum.

Let a plain copy of the order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

 

Member                                                                                                                                                              President

Dictated and corrected by me

 

                                Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the complaint case is allowed against O.P nos. 2 & 3and ex-parte against O.P-1.

The O.Ps are directed to complete the entire work of decoration of modular kitchen , bathroom and other works as per agreement with the complainant within 45 days from this date with full satisfaction of the complainant, failing which entire money will be refunded to the complainant along with interest @8% p.a from the date of last payment till the date of realization.

The complainant shall pay the balance amount as per agreement within this period.

O.Ps shall have to pay compensation to the tune of Rs.50,000/- for harassment , mental agony , pain , anxiety and litigation cost of Rs.10,000/- within 45 days from this date jointly and/or severally.

It may be mentioned here that if the O.Ps failed to comply the above order then complainant is at liberty to execute the order through this Forum.

Let a plain copy of the order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

 

Member                                                                                                                                                              President