BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 11^th DAY OF SEPTEMBER 2023

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complaint has filed U/s 35 of Consumer Protection Act 2019, against OP for following reliefs:-

1. For a compensation for total refund of Rs.1.54 lakhs for the breach of contract, plus Rs.60,000/- towards the extra expenses incurred to get house back to shape.
2. A sum of Rs.2.14lakhs as compensation.

2. Brief facts of this case are as follows:-

The complainant approached Asian paints and Nippon paints through their customer care number and took estimation to paint his house. The Asian paints & Nippon paints sent the executives inspected and submitted the estimate. Since the estimate of both the paints were on higher side, the complainant started approaching other customers for paint job. At this time complainant got call from Bharath S, enquiring about painting requirements, he informed that one Mr. Thyagraj, the executive of Nippon paints referred him. The complainant asked him to meet for inspection and was worried about his tax part as an individual but Mr. Bharath S said he would take care of it. After explanation, Mr. Bharath S i.e the OP agreed to do the paint job and told that he had all the measurements of the house as he had collected the information from Mr. Thyagraj of Nippon paints (OP now denying that he is refered by Mr. Thyagraj of Nippon paints framing). OP said that he is a dealer in Yelhanka for all types of paints and is independent contractor who purchase paints from nearby shops for painting work. The OP assured the complainant that he will use reputed paint brands as per the choice of the complainant. After several talks and negotiation, the complainant entered into agreement for an amount of Rs.1.55 lakhs with OP for the paint job on 13.02.2023. As per the agreement the complainant paid OP a sum of Rs.55,000/- in advance on 14.02.2023 and the work was started on 13.02.2023.

3. The complainant had a serious problem in 2^nd floor of the house and need a lot of concentration and perfection in job. There was a problem with regard to the colour of the exterior paints, that was soughted with series of talk and was finalized for change in colour at an extra cost of Rs.7,000/-. Therefore the total purchase cost came up to Rs.1.62lakhs. The complainant paid sum of Rs.1.54lakhs, and when balance of just Rs.8,000/- was to be paid, the OP stopped sending men/workers to complete the paint job and avoided the calls. In spite of repeated efforts and reminders, the OP did not turn up and the complainant engaged sum other labors to complete the paint and the cleaning job pending for an extra amount of RS.30,000/-. The complainant been cheated by the OP claims for the extra money of Rs.30,000/- spent to complete the work and compensation. Hence this complaint.

4. On issue of notice to OP, OP counsel filed vakalath but fails to file version.

5. The complainant files the affidavit evidence along with 4 documents which are marked as Ex.C.1 to Ex.C.3 with certificate U/S 65 B. OP did not make his representation to defend his case before this commission. Hence held Ex-parte. Arguments are taken as Nil.

6.   On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves deficiency of service on the part of OP’s?

ii) Whether complainant is entitled for the relief?

iii) What order?

9.  Our answers to the above points are as follows:-

Point No.1:- Affirmative.

Point No.2:- Partly affirmative.

Point No.3:- As per the final order.  

REASONS

10. Point No.1&2:- These points are inter connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

11. The complainant has relied on documents Ex.C.1 to Ex.C.4 submitted by him. Document No.1 i.e Ex.C.1 is a Repair Contract dated 13.02.2023 between the complainant and OP. The contract is to complete the paint job of 1^st and 2^nd floor of the complainant’s house for a total amount of RS.1,55,000/-. The complainant here agrees to the fact that he is already paid Rs.1,54,000/-. The complainant also agrees to an extra amount of Rs.7,000/- to be paid for the change in colour. Therefore total cost to be paid for the paint job is Rs.1,62,000/- in which complainant has already paid Rs.1,54,000/- and a balance amount of Rs.8,000/- has to be paid by the complainant to OP. The amount of RS.7,000/- extra was agreed to be paid by the complainant on the demand of OP. Document No.3 i.e Ex.C.3 is the whatsapp conversations between the complainant and the OP. As per the analysis of whatsapp conversations made by them, it clearly shows that the OP has been sweet to the complainant in the initial stage of the paint job, but has been harsh and rude in his conversations between them by the end of the paint job to the complainant. It is earlier said that the complainant has already paid Rs.1,55,000/- to the OP and paint job was incomplete. When the OP left the paint job incomplete, the complainant had to get the pending and cleaning job done from another painter for which the complainant spent an amount of Rs.30,000/-.

12. In this case the OP is not appeared to contest the claim of the complainant by way of filing vakalath but failed to file his version, hence placed Ex-parte. Under such circustances non appearnaces and non filing of version can be drawn an adverse inference that, the OP had admitted the claim of the complainant, in the light of the decision reiterated in 2018 (1CPR314MC) in the case of M/s Singla builders and Promoters Ltd. V/S Aman Kumar Garg, wherein it is held that:-

“non filing of written version to complaint before the commission, amount to admission of allegations levelied against them in Consumer complaint”.

13. Considering the above factors, the complainant had to suffer to get the incomplete paint job complete, which lead to mental agony and harassment for the complainant. The OP leaving the paint job incomplete and not abiding to the contract made to the complainant shows deficiency in service and Unfair Trade Practice. Hence the OP is directed to pay an amount of Rs.30,000/- towards cost of completion of the paint job. An amount of Rs.5,000/- as compensation for mental harassment, paint and agony and Rs.5,000/- towards litigation cost. Therefore we answer Point No.1&2 in affirmative.

14. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-      

ORDER

1. Complaint filed U/S 35 of Consumer Protection Act 2019, is hereby partly allowed.
2. OP is directed to pay sum of Rs.30,000/- with interest of 8% per annum from the date of complaint till realization. Failing which the OP shall pay interest of 10% p.a on the amount of Rs.30,000/- after expiry of 60 days.
3. OP is further directed to pay Rs.5,000/- towards mental agony and harassment and Rs.5,000/- towards litigation cost.

4. Furnish the copiess to both the parties, without cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 11^th day of SEPTEMBER, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL