Tamil Nadu

South Chennai

CC/263/2013

Ashok.U.Samat, - Complainant(s)

Versus

Alfix Products, - Opp.Party(s)

A.Suganthani

06 Oct 2017

ORDER

                                                                        Date of Filing :   13.08.2013

                                                                        Date of Order :   06.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.263/2013

FRIDAY THIS  6^TH  DAY OF OCTOBER 2017

 

Ashok U.Samat,

Uttam Chand,

Flat No.13, Jayantha Apartments,

S-1, 3^rd Floor,

Valliammal Street,

Kilpauk, Chennai -10.                                 .. Complainant

                                        ..Vs..

 

Alfix Products,

Rep. by its Properietor,

Mr. Tushar Kothari,

New No.17, Dr. Guruswamy Road,

Chetpet,

Chennai 600 031.                                        .. Opposite party.

 

 

For Complainant                     :    Party in person   

Counsel for opposite party       :    M/s. S.V.Udayakumar & another   

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.1,70,000/- and also to pay a sum of Rs.50,000/- towards compensation for mental agony and Rs.10,000/- as cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainants submit that   the opposite party is undertaking work contract of fixing Glass sliding doors and windows mosquito mesh in the window.    The opposite party approached the complainant on 31.7.2011 to give work contract to fix glass sliding door and mosquito net etc.  in the residence flat No.12 & 13 and paid a sum of 1,70,000/-.  The work done by the opposite party very shabbily and there is one inch gap in the mosquito mesh in the windows.    The complainant further state that another work contract for fixing two shower cubicle was given to opposite party for a sum of Rs.37,122/- and paid a sum of Rs.20,000/- on  2.2.2012 and a sum of Rs.12,500/- paid on 17.8.2012.   Since the work of the opposite party is shabby work; the complainant has to engage another contractor to set right the incomplete work.       As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

3. The brief averments in Written Version of  the opposite party    are as follows:

        The denies each and every allegation except those that are specifically admitted herein.  The opposite party state that the complainant and his brother approached the opposite party for fixing glass sliding doors & windows and mosquito mesh in two apartments namely Flat No.12 and 13.   But on a careful perusal of the complaint the said fact is totally suppressed.  Further the opposite party contended that the specification for work is fixing glass sliding doors & Windows, mosquito mesh in the window etc.  While carried out the work the complainant requested certain alteration thereby as per the deviation the opposite party turned his work caused negligible and rectifiable space happened in the windows.  The opposite party also ready to willing to rectify the gaps by installing L angle were  delivered to the complainant’s premises.   Hence there is no deficiency in service on the part of the opposite party and therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainants have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A27 marked.  Proof affidavit of opposite party not  filed and no document marked on the side of the opposite party.  

4.   The points for the consideration is:  

1. Whether  the complainant is entitled to a sum of Rs.1,70,000/- as prayed for
2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for mental agony with cost of Rs.10,000/- as prayed for ?

 

5. POINTS 1 & 2 : -

        Heard both sides.  Perused the records.  The complainant pleaded and contended that the opposite party is undertaking work contract of fixing Glass sliding doors & Windows, mosquito mesh in the window etc.  On 31.7.2011 the opposite party approached the complainant  for fixing Glass sliding door and mosquito net etc and paid a sum of Rs.1,70,000/- in three installments admitted by the opposite party.   Further the complainant contended that the work of the opposite party is very shabbily there are gaps in the mosquito mesh.   Ex.A23 is the photographs will show that the work of the opposite party.  The complainant further contract the work for fixing two shower cubicle was given for a sum of Rs.37,122/- and paid a sum of Rs.20,000/- on  2.2.2012 and a sum of Rs.12,500/- paid on 17.8.2012.   Since the work of the opposite party is shabby work; the complainant has to engage another contractor to set right the incomplete work. 

6.     The contention of the opposite party is that the complainant and his brother approached the opposite party for fixing glass sliding doors & windows and mosquito mesh in two apartments namely Flat NO.12 and 13.  But on a careful perusal of the complaint the said fact is totally suppressed.  Further the opposite party contended that the specification for work is fixing glass sliding doors & Windows, mosquito mesh in the window etc.  While carried out the work the complainant requested certain alteration thereby as per the deviation the opposite party turned his work caused negligible and rectifiable space happened in the windows.  The opposite party also ready to willing to rectify the gaps by installing L angle were  delivered to the complainant’s premises.  While so the complainant restrained the opposite party to do the work the reason best known to him.

7.     The contention of the complainant is that aluminum has to be used for such work cannot be accepted because no the complaint mentioned anything about the quality of the goods.  On the other hand the opposite party contended that as per the instruction of the complainant and as per the request of the complainant the work has been turned out.   Further the  contention of the complainant is that all the work done by the opposite party is of waste and it cannot be rectified.  But it is very clear that the opposite party has not completed the work for in completing the work; the complainant has to engage another contractor proves the work and fixation done by the opposite party is not a waste.    Further the claim of the complainant is that to refund a sum of Rs.1,70,000/- for in completing the work undertake by the opposite party in Flat No.13 but the complainant has not pleaded anything about the Flat No.12.   But on careful perusal of the records it is seen that the gaps and deviation can be rectified by way of the fixing L angel.   Considering the facts and circumstances of the case this forum is of the considered view that the opposite party shall rectify the defects by closing the gaps in an appropriate manner neatly and perfectly    within one month from the date of this order i.e. 15.9.2017 failing which the opposite party shall pay a sum of Rs.50,000/- towards for such rectification with compensation of Rs.15,000/- for mental agony and cost of Rs.5,000/- and the points 1 & 2 are answered accordingly.

        In the result the complaint is allowed in part.  The opposite party shall rectify the defects by closing the gaps in an appropriate manner neatly and perfectly  within one month from the date of this order i.e. 6.10.2017 failing which the opposite party shall pay a sum of Rs.50,000/- (Rupees Fifty thousand only) towards for such rectification and shall pay compensation of Rs.15,000/- (Rupees Fifteen Thousand only) for mental agony and cost of Rs.5,000/- (Rupee Five thousand only) to the complainant.

The above  amount shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.       

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  6^th  day  of  October 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

 

Ex.A1- 4.1.2012    - Copy of email from the opposite party to complainant.

Ex.A2- 28.1.2012  - Copy of email from the opposite party to complainant.

Ex.A3- 13.2.2012  - Copy of revised offer email from opposite party.

Ex.A4- 10.4.2012  - Copy of cheque of Axis bank payment.

Ex.A5- 3.3.2012    - Copy of email from the complainant to opposite party.

Ex.A6- 7.3.2012    -Copy of email from the opposite party to the complainant.

Ex.A7- 7.3.2012    - Copy of email from the opposite party to complainant.

Ex.A8- 18.6.2012  - Copy of cheque of Axis bank payment made.

Ex.A9-13.8.2012   - Copy of email from complainant to opposite party.

Ex.A10- 14.8.2012         - Copy of email from opposite party to complainant.

 

Ex.A11- 15.8.2012         - Copy of email from the complainant to opposite party.

Ex.A12- 17.8.2012         - Copy of email from the opposite party to complainant.

Ex.A13- 17.8.2012 – Copy of email from the opposite party to complainant.

Ex.A14-       -       - Copy of measurement as noted by opposite party.

Ex.A15-       -       - Copy of final measurement for the window work.

Ex.A16- 17.8.2012         - Copy of cheque issued by the opposite party.

Ex.A17- 5.9.2012  - Copy of letter from the opposite party to complainant.

Ex.A18- 12.9.2012         - Copy of letter from the complainant to opposite party.

Ex.A19- 13.9.2012         - Copy of letter from the opposite party to complainant.

Ex.A20- 13.9.2012 – Copy of letter from the opposite party to complainant.

Ex.A21- 14.9.2012         - Copy of letter from the complainant to opposite party.

Ex.A22- 14.9.2012         - Copy of reply from opposite party to complainant.

Ex.A23-       -       - photos.

Ex.A24-       -       - Exchange of email.

Ex.A25-       -       - Photographs.

Ex.A26- 9.5.2012  - Copy of return memo of cheque.

Ex.A27- 29.9.2012         - Copy of legal notice with Ack.

 

 

Opposite party’s side document: -   .. Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.