Complainant Vineet Kumar  and Nidhi Sharma have filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay Rs.4,00,000/- as damages of deficiency of service. Opposite parties be further directed to furnish and complete the worked kitchen of complainants to release the poor quality maturing art this complaint be accepted.

2.        The case of the complainants in brief is that they had constructed new house at Ram Saran Dass, Colony, Dhariwal and they hired the services of the opposite party for construction and preparations of their modular kitchen and for interior work at kitchen in the year 20018. At the time of negotiation it was promised by opposite party that they furnished all wooden as well as other work of kitchen within period of three months from the date of contract. It was also promised by opposite parties that top quality material should be used in the kitchen and for that opposite party had charged high rate from complainants. They have further pleaded that on 8^th August 2018, the complainant no.2 had paid Rs.1,00,000/- in three installments as Rs.50,000/-, Rs.25,000/- and Rs.25,000/- respectively from their bank SBI Branch Dhariwal vide Account No.55139914282 to opposite party in their bank account through neft and cheque and opposite party had fitted kitchen R.R. cases, Sink large 45 x 20 and Marble which was size of 112’ x 60’ in the kitchen of complainants. They then paid Rs.25,000/- to opposite party on 24.8.2018 through cheque. Thereafter complainant no.2 had paid Rs.60,000/- and Rs.48,000/- respectively to opposite party at Dhariwal in cash. He has further pleaded that opposite party had received more than Rs.2,33,000/- from the complainants in different installments and in lieu of the said money opposite party had got done  some work of kitchen of complainants, but till date they have not completed the whole work of kitchen as per their promise. Moreover the half work done by the opposite party was also of poor quality.  Doors of Long Unity pantry fixed by opposite party was  of  worst quality material and there was manufacturing defect in the doors.  All the work done by the opposite party was of very low standard. They also pleaded that it was promised by opposite party that S-corner shall be installed of Masson company but opposite party had installed S-Corner of Local made company which was clearly deficiency in service on the part of opposite parties.  Moreover UV-installed by opposite party was of very poor quality ad there was manufacturing defect in UV and three are while spot on the said UV and same was not replaced by opposite party till date.  After receiving the whole amount in advance opposite party had not completed the work of kitchen till date.  Complainants are unable to use their kitchen and they had suffered from mental, physical and financial harassment. The act and conduct of the opposite party is clear cut deficiency in service on its part. Hence this complaint.

 3.     Dasti publication was issued for 19.2.2021. As per report  of Ahmad Publication of the opposite parties had been received back which was  effected on 19.1.2021. Case called several times, but none had appeared on behalf of opposite parties.  Hence, opposite parties were proceeded against exparte vide order dated 19.2.2021.

4.          Alongwith the complaint, Sh.Vineet Kumar, complainant has filed his own affidavit Ex.CW-1/A, copies of documents Ex.C-1 to Ex.C-4 alongwith photographs Ex.C-5 to Ex.C-13.

5.     We have carefully gone through the pleadings of counsel for the complainant and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint Complainant led evidence.

6.       As detailed above, the present complaint is filed by complainant regarding non completion and poor quality work of modular kitchen by opposite party. Three bills of opposite parties are put on record by complainant as Ex.C-2,C-3 and C-4.

7.      The complainants have pleaded in their complaint that on 8^th August 2018, the complainant no.2 had paid Rs.1,00,000/- in three installment at Rs.50,000/-, Rs.25,000/- and Rs.25,000/- respectively from their bank SBI Branch Dhariwal vide Account No.55139914282 to opposite party in their bank account through neft and cheque  (Ex.C-1) and opposite party had fitted kitchen R.R. cases, Sink large 45 x 20 and Marble which was size of 112’ x 60’ in the kitchen of complainant.  The complainant have also pleaded that opposite party had received more than Rs.2,33,000/- from the complainants in different installments.  Complainant further alleged that opposite party has not completed the whole work of kitchen as per their promise and the half work done is also of poor quality. Further it is also alleged that material and items used is also not as per the commitment made by opposite party with the complainant.

8.        It is prayed by complainant to pay damages for deficiency in service of more than 4 lacs to the complainant and opposite parties be directed to complete the work.

9.         Vineet Kumar’s pleading has been supported with his affidavit placed on file as Ex.CW1/1. 

10.       The opposite party has failed to file any reply and rebut the allegations leveled in the complaint. Opposite party was ordered exparte as per interim order dated 19.2.2021 and thus, has impliedly admitted the claim of the complainants.

11.     From the above, we are of the considered view that there is deficiency in service by opposite parties.

12.        In view of the aforesaid facts and circumstances of the case, the present complaint is partly allowed and  opposite parties are directed to pay lump sump Rs.25,000/- as compensation and litigation expenses for the harassment caused by the opposite parties to the complainant. The compliance be made within 45 days from the receipt of copy of orders, failing which the opposite parties shall be liable to pay interest @ 9% per annum on the abovesaid amount from the date of order till actual realization.

13.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

14.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

             (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

April 22, 2022                                                     Member

*MK*