Complaint Filed on:11.09.2014

Disposed on:06.02.2015

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

AT BANGALORE URBAN

6^th DAY OF FEBRUARY 2015

PRESENT

SRI. J.N.HAVANUR                       : PRESIDENT

                       SMT. M. YASHODHAMMA                   : MEMBER        

Sri. Balaji Rao.V.

No. 11, 8^th Main, Hoysala Nagar,

Ramamurthy Nagar,

Bangalore – 560 016.

(In person)                                                                    …..    Complainant

V/s.

Sri. D. Nelson,

Proprietor: Joha Interiors,

No. 1, Kalkere Main Road, Near Sunshine School,

Behind Petrol Bunk, Horamavu Post,

Bangalore – 560 043.

(Ex-parte)                                                                      …..    Opposite Party

ORDER

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Party (hereinafter called as OP) to refund Rs.1,75,000/- paid towards interior works along with interest, house rentals for 2 months Rs.20,000/- and compensation of Rs.2,00,000/- and costs on the allegations of deficiency in service.

2.       The brief averments made in the Complaint are as follows:

The OP has approached the Complainant for doing the interior works to his Flat which was under construction at Manjunath Nagar, Horamavu, Bangalore.  Complainant after explaining his requirements of interior works, OP offered him quotation for Rs.2,10,000/- and collected advance payment of Rs.1,00,000/- on 04.05.2014 and he informed that he wants to purchase all the materials in bulk along with other projects and would provide the interior designs, layout, 3D walk through and assist in design selection.  OP approached the Complainant after a week with additional offers and convinced to pay Rs.50,000/- more so that he can start factory work immediately since he had already procured the materials.  Due to financial difficulties, Complainant paid the amount to the OP from his son’s account which he had saved for his schooling and OP was aware of the same.  On 26.05.2014 again OP collected a sum of Rs.25,000/- by cash from the Complainant stating that he was in urgent need of cash for purchase of the Chimney set since the offer would close by end of the day.  Complainant informed the OP that he will not pay any more money until he really starts the work by providing the Complainant with furniture design.  Till that time, OP kept on promising that he will provide the design, video walk through, lamination selection and many other commitments.  Since the Complainant refused to give any more money to OP after giving total sum of Rs.1,75,000/-, OP stopped responding to his request, SMS & e-mails.  Even if OP responded, he was always giving some random appointment time and false commitment and he used to inform that designs are getting ready and he would meet the Complainant shortly along with designs.  All the information given by the OP and his commitment were false.  Complainant wasted many of his weekends and weekdays waiting for OP to meet at the appointed time.  OP always used to give excuses such as his employee resigned, he lost his Mobile & Laptop, he was in a meeting for a big project in Electronic City, he was in Valankanni, he was in Church, he was in function and many other reasons. Till date OP neither met the Complainant nor given the designs that he had discussed with the Complainant when he came to collect the payment initially.  During one such discussion, OP offered to return back the money informing that he cannot do such a small project for him since OP has bigger project to handle in Electronic City.  But, immediately he backtracked and even threatened legal action against the Complainant through his lawyer.  OP started using abusive language whenever Complainant called the OP either to start the interior work or to return the money.  Due to this, Complainant and his family have gone through tremendous  stress and severely depressed.  The pregnant wife of the Complainant was very much stressed due to the cheating of the OP.  Complainant and his family have lost peace in their family and it has been a high level of anxiety due to OP’s uncertainty.  When the Complainant called the OP continuously, OP sent some random designs which were not at all related to the requirements of the Complainant.  OP lied that he had gone to the Flat of the Complainant and has taken the measurements and done marking.  OP demanded entire payment of Rs.2,10,000/- to complete the work within a week.  Complainant sent several reminders, SMS and e-mails informing the OP at least to discuss with him to freeze the design.  The Complainant went to the showroom of OP and found that it was closed for many days.  Complainant sent notice through e-mail, but OP denied receiving any such mail.  Complainant has given several deadlines informing that he would take legal action against OP.  Complainant issued  notice dtd. 24.07.2014 through registered post, but OP never bothered to respond to the same.  Complainant planned to shift to new constructed Flat in September after performing the Pooja, but he is unable to do so due to never ending delay made by the OP.  Complainant checked the background of the OP in internet and found that he is a habitual offender, cheat and fraud and was earlier operating as Shalom Interiors in Kaggadasapura.  He ran away from there after cheating the people in that area and now he is repeating the same in Ramamurthy Nagar.  Now the Complainant fully convinced that OP will never do his interior work and will keep on dragging like this for some or the other reasons.  Being fed-up by OP’s antics, Complainant approached Ramamurthy Nagar Police Station on 03.08.2014 and filed FIR against him and he appeared before the Police and agreed to settle the amount by issuing a Cheque dtd. 22.08.2014 for a sum of Rs.1,75,000/- drawn on State Bank of Travancore.  On 21.08.2014 OP called the Complainant and informed the Complainant to deposit the Cheque only on 25.08.2014.   Even after depositing the Cheque as per the request of the OP, the said Cheque got bounced. OP promised to repay the money by way of cash on 30.08.2014, again OP postponed to 01.09.2014.  On 01.09.2014 he informed that by evening of 03.09.2014 he will return the amount.  On 03.09.2014 he informed to redeposit the bounced Cheque on 04.09.2014, then 05.09.2014, then finally on 06.09.2014.  After depositing the said Cheque on 06.09.2014, again the said Cheque got bounced on 09.09.2014.  When the Complainant called to inform the same, OP started abusing by reminding him that he had approached the Police and gathered internet information about him and sent registered notice by RPAD.  OP had been playing around in the same fashion for providing the initial design, for initiating the interior work and now for repaying the amount, alongside threatening each and every time of legal action through his advocate.  Till date OP never honoured any single commitment of meeting him, calling, honouring the cheque or returning the amount.  Till date, OP has not done interior works even after collecting big advance amount which caused tremendous stress, anxiety & strain to the Complainant and his family, deliberately causing the Cheque bounce, not once, but twice, spoiling precious weekdays & weekends with bogus commitments, using abusive language, whenever the Complainant  called him to expedite the work or for returning the amount.  OP threatened the Complainant that he will drag the Complainant to Court through his Advocate, thus forced the Complainant to stay in rental house for additional 2 months.  Hence, Complainant has come-up with the present Complaint.  

3.       After registration of complaint, notice was sent to OP.  In spite of service of notice, OP failed to appear and contest the matter.  Hence, OP was placed ex-parte and posted the case for filing affidavit of the Complainant.

4.       So as to prove the case, Complainant has filed affidavit by way of evidence and produced documents along with Complaint.  We have heard the arguments of the Complainant and we have gone through the oral & documentary evidence of the Complainant meticulously.

5.       One Mr. Balajo Rao.V., who being Complainant has filed his affidavit in support of the complaint averments stating that he has booked Flat No. 104 in Block-A of Oracle Gardens, which was under construction by VBC Developers at Manjunath Nagar, Horamavu, Ramamurthy Nagar, Bangalore in 2013.  For his requirement of interior works for his Flat which was under construction, OP representing as Proprietor of Joha Interiors has approached the Complainant in May 2014 and offered to take-up the interior works of Complainant.  After explaining his requirements to OP, he offered quotation for Rs.2,10,000/- with a commitment to complete the work within a month.  OP collected immediate advance amount of Rs.1,00,000/- on 04.05.2014 and subsequently another Rs.75,000/- in 3 installments by 26.05.2014 informing that he has to procure all necessary materials for his job.  Due to severe financial constraints, Complainant has utilized savings amount from his 3 years son’s account saved for his schooling.  When the Complainant refused to pay further amount and insisted to start the work, OP started ignoring all means of communication made by the Complainant.  The job work was at zero level with no work having been initiated.  Even when OP rarely responded, he used to give some random appointment and made the Complainant to wait for hours.  OP has never done the work as per his commitment and thereby spoiled several week days and weekends of the Complainant.  After collecting the money, he never made the Complainant to discuss about the interior works.  OP always used to keep-up with excuses such as work under progress, his employee resigned, he lost his Mobile & Laptop, he was in a meeting for a big project in Electronic City, he was in Velankanni, he was in Church prayer, he was in a function in BTM layout and many more.  During one of such discussions, OP offered to return back the money informing that he cannot do such a small project for the Complainant since he has bigger project to handle in Electronic City.  But, immediately, he dragged and threatened legal action against the Complainant through his Advocate.  He started  abusing the Complainant whenever he called either to start interior work or to return of money.  He demanded entire amount of Rs.2,10,000/- stating that he will complete the work within a week.  OP never bothered to reply to SMS, e-mails, calls and notice sent by registered post.  Upon checking OP’s background in the internet, Complainant found that he is a habitual offender, cheat & fraud.  He was earlier operating as Shalom Interiors in Kaggadasapura and he ran away from there after cheating many people in that area.  Now he is repeating the same in Ramamurthy Nagar.  After being fed-up by his antics, Complainant approached Ramamurthy Nagar Police Station and registered FIR  against the OP on 03.08.2014.  OP appeared before the Police and accepted all his means in writing and agreed to settle the amount by issuing Cheque dtd. 22.08.2014 for Rs.1,75,000/- drawn on SBT.  After depositing the Cheque according to his demanded delayed date on 25.08.2014, the said Cheque got bounced.  After several false promises of cash payment, OP informed the Complainant to redeposit the bounced Cheque on 4^th, then 5^th, then finally on 06.09.2014 and again it bounced on 09.09.2014.  When the Complainant informed the same to OP, he started abusing by reminding that the Complainant has approached Police, gathered internet information about him and sent him notice.  He boasted that he has backing of powerful politicians like Home Minister and that of Vice President of Karnataka Congress Labour Committee Mr. Vishwanathan.  After several pleadings, OP gave in writing to return cash in 2 installments of Rs.1,00,000/- on 25.09.2014 and Rs.75,000/- on 12.10.2014.  OP again cheated the Complainant by not keeping up his commitment. Again OP issued Cheque of Rs.1,00,000/- on 29.09.2014 and the same was bounced on 30.09.2014.  Again OP offered to pay cash by 10.10.2014.  After service of notice from this Forum, he mocked at the Complainant telling that no one including Police or Courts can do him anything and he knows how to handle all people and drag the case for several years.  In the meanwhile due to the financial imbalance, Complainant has undergone tremendous tensions while arranging the money for his various other requirements such as his father’s cataract operation, his son’s schooling expenses, his wife’s pregnancy & delivery expenses.  He had to make alternative arrangements for interior works via M/s. Joan Interiors.  Even after repeated requests, OP failed to respond.  Hence, the Complainant prayed to allow the Complaint and grant the relief as prayed in the Complaint. 

6.       The above said assertions of the Complainant have remained unchallenged.  OP has neither filed his version nor denied the sworn testimony of the Complainant.  Therefore, under the circumstances, we have no reasons to disbelieve the sworn testimony of the Complainant. 

7.       Let us have a cursory glance at the documents produced by the Complainant. Document No. 1 is the copy of Police Complaint dtd. 02.08.2014 given by the complainant to Police Inspector, Ramamurthy Nagar Police Station, Bangalore.  Document No. 2 is the letter written by the OP dtd. 22.08.2014 to PSI, Ramamurthy Nagar agreeing to refund Rs.1,75,000/- to the  Complainant by way of Cheque.  In case of dishonor of Cheque Complainant can legally proceed against him for recovery of the same.   Document No. 3 is the notice sent by the Complainant to the OP dtd. 24.07.2014.  Document No. 4 is the copy of the Cheque dtd. 22.08.2014 for a sum of Rs.1,75,000/- issued by the OP to the Complainant along with Bank Debit Memo dtd. 26.08.2014 stating “funds insufficient”.  Document No. 5 is the Quotation dtd. 03.05.2014 issued by the Joan Interiors to the Complainant. Document Nos. 6 & 7 are the copies of two Receipts dtd. 04.05.2014 for a sum of Rs.5,000/- & Rs.95,000/- issued by the OP to the Complainant.  Document No. 8 is the copies of SMS conversations. Document No. 9 which is produced along with written arguments is the Cheque dtd. 29.09.2014 for a sum of Rs.1,00,000/- issued by the OP to the Complainant.  Document Nos. 10, 11 & 12 are the Cheque dishonor Memo dtd. 22.08.2014, 09.09.2014 & 09.09.2014 issued by ICICI Bank to the Complainant stating that Cheque issued by OP for a sum of Rs.1,75,000/- and Rs.1,00,000/- is returned unrealized for funds insufficient on 28.08.2014, 09.09.2014 & 09.09.2014.  Document No. 13 is the undertaking dtd. 11.09.2014 given by OP to the Complainant agreeing to pay Rs.1,00,000/- on 25.09.2014 and Rs.75,000/- on 10.10.2014.  Document No. 14 is the notice dtd. 24.07.2014 issued by the Complainant to OP u/s. 138 of Negotiable Instruments Act, calling upon the OP to pay Rs.1,75,000/- within 15 days.   Document No. 15 is a Medical Bill dtd. 11.10.2014 pertaining to the wife of the Complainant issued by Yogananda Multispeciality Hospital, Padmanabhanagar, Bangalore, for a sum of Rs.66,050/-.

8.       On the perusal of the complaint of the Complainant on the background of oral & documentary evidence, it is made clear that the Complainant had approached the OP for doing interior works to his Flat.  OP offered the quotation for Rs.2,10,000/- and Complainant paid Rs.1,00,000/- to the OP on 04.05.2014 by way of Cheque and the same was acknowledged by the OP vide 2 Receipts dtd. 04.05.2014 as per Document Nos. 6 & 7.Again on 14.05.2014 and on 21.05.2014 the Complainant had paid Rs.25,000/- each by way of Cheque and the same has been acknowledged by the OP on the quotation.  Further, Complainant stated that he has paid Rs.25,000/- to the OP on 26.05.2014 by way of cash for purchasing Chimney set to OP, but Complainant has not produced any Receipt for having paid the same to Op on 26.05.2014.  However, OP has admitted in his letter given to the police that he has collected Rs.1,75,000/- from the Complainant and also issued Cheque for Rs.1,75,000/- dtd. 22.08.2014 to the Complainant towards refund of the amount received.  Thus OP has admitted receipt of amount of Rs.1,75,000/- from the Complainant. When the Complainant stopped further payments as requested by the OP, the OP stopped responding and he started giving false excuses.  Till date OP neither met the Complainant nor gave the designs as discussed with the Complainant.  At last OP offered to return back the amount on the guise he cannot do such a small project for the Complainant.  He started threatening the Complainant with legal action.  OP demanded online payment of Rs.2,10,000/- to complete the work within a week.  In spite of repeated requests, e-mails, OP delayed the work.  Hence, Complainant filed Police complaint with Ramamurthynagar Police Station on 03.08.2014 as per Document No. 1.  OP though agreed to settle the matter as per Document No. 2, but failed to honour the Cheque dtd. 22.08.2014 issued by the OP for a sum of Rs.1,75,000/-  to the Complainant.  Again on request of OP, Complainant got re-presented the said Cheque on 25.08.2014 and on 06.09.2014 and the same was dishonoured as per Document Nos. 9 to 12.  OP has failed to respond to the notice of the Complainant dtd. 24.07.2014 as per Document No. 14.  Thus OP having received a sum of Rs.1,75,000/- from the Complainant, has failed to commence the interior work as agreed by him.  As per his plan, Complainant could not shift to his Flat by end of July 2014.  Complainant was forced to extend his rental period and to pay additional rentals.  Thus Complainant has put to mental agony and harassment.  The act of OP in not commencing the interior work as agreed in the quotation dtd. 03.05.2014 in spite of receipt of Rs.1,75,000/- from the Complainant amounts to deficiency in service on the part of OP.  OP has failed to refund the amount till date.  We are satisfied that the Complainant is able to prove deficiency in service against the OP.  Under the circumstances, we are of the considered view that the Complainant is entitled for refund of Rs.1,75,000/- along with interest @ 6% P.A. from the date of payment till the date of realization to be payable within 30 days from the date of this Order, failing which OP shall pay interest @ 8% P.A. on Rs.1,75,000/- from the date of Complaint till realization.  OP shall also pay Rs.2,000/- towards litigation cost.  Accordingly, we proceed to pass the following:

ORDER

The complaint filed by the Complainant is allowed in part. 

OP is directed to refund Rs.1,75,000/- to the Complainant along with interest @ 6% P.A. from the date of respective payment i.e., 21.05.2014 till realization within 30 days from the date of receipt of this Order, failing which OP shall pay interest @ 8% P.A. on Rs.1,75,000/- from the date of respective payments to till the date of realization.

OP is further directed to pay Rs.2,000/- to the Complainant towards litigation cost.

Send copy of this Order to both the parties free of cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 6^th day of February 2015)

MEMBER                                                              PRESIDENT

SSS*

Sri. Balaji Rao.V.

Bangalore.                                                            …..    Complainant

V/s.

Sri. D. Nelson,

Bangalore.                                                            …..    Opposite Party

Witness examined on behalf of the Complainant dated 04.12.2014

1. Sri. Balaji Rao.V.

OP – Nil

MEMBER                                              PRESIDENT

SSS*