O R D E R

By Dr.K.Radhakrishnan Nair, Member

                   1. Case of the complainant is that he has entered in to an agreement with the opposite party on 22.10.2012 to construct the kitchen of his house in a standard form. As per the agreement a total of Rs.2,16,079 (Two lakhs sixteen thousand and seventynine only) was paid to the opposite party on different dates such as 28^th October 2012,29^th October 2012 and 13^th December 2012. Opposite party failed to perform the contract, committed breach of its terms and conditions and could not complete the construction of the kitchen with in the stipulated time. As agreed, the materials will be organized with in six weeks and same will be fixed with in eight days. The address of the Flat is the same as given in the complaint. Contacted the opposite party several times reminding the delay and defects in the construction of the kitchen. Opposite party was not bothered to hear the complainant and paid no heed to his reminders. Opposite party has neither used quality wood panels nor used quality instruments such as handles, Autopress and Auto eject on the doors of the kitchens. Owing to the poor alignment of the doors the same could not be closed. No space was also provided forkeeping the cooking gas cylinders. The installation of chimney was also not proper. The construction was so unscientific and no attempts were taken by the opposite party to rectify even after repeated reminders. Complainant has lost every hope and confidence in the opposite party. A lawyer’s notice was sent on Feb.7^th2014 to Redress the grievance. but no response was there from the opposite party. As suffered heavy loss, the opposite party may be directed to construct the kitchen as per the contract and to compensate against the loss to the tune of Rs.1,00,000/- (One Lakh Only) along with costs allowing the complaint.

                   2. Admitted the case, issued notice the opposite  party entered appearance through counsel and filed version. As challenged, the amount was paid not on the dates as mentioned. The amount was paid in full after the completion of the construction of the kitchen as agreed in the contract. The present complaint is frivolous and vexatious and the complainant has never shown any grouse when the kitchen was taken over after its completion. It is submitted that all the materials used in the construction of the kitchen is as per the specification which has been approved by the complainant after fully satisfied by himself. Also the space for gas cylinder was not provided as agreed by the complainant and also the present position of the chimney was also decidedand installed in full satisfaction and in consultation with the complainant. The opposite party has neither received any notice from the complainant nor approached in any way rather the opposite party only approached him for a short extension of time to complete the construction due to the shortage of materials caused by the strike in the manufacturing company. Complainant’s  attempt is to make an unjust enrichment. Since there is no deficiency in service and no unfair trade practice the complaint may be dismissed with costs to the opposite party.

                   3. Then the case posted for evidence. Complainant appeared before the Forum and submitted proof affidavit and produced documents that are marked as Ext.P1 to P3. Ext.P1  is the quotation for kitchen work dated 22.10.2012. Ext.P2 is  the copy of the Email dated 19.02.2014 towards replacement issue.Ext. P3 is the Lawyer’s Notice dated 07.02.2014.

                   4.From the opposite side, proof affidavit was submitted and produced one document that was marked as Ext.R1 which is the Power of attorney (Authorized letter))  An expert commissioner was appointed by this Forum as applied by the complainant. His report is produced and marked as Ext.C1.

                   5. As revealed from the Commissioner’s report most of the pullouts were not working properly. Similarly the alignments were also not in proper line. Materials used were substandard. Alignment of wooden pieces above the chimney is not proper. Door handles are not fixed. Alignments of the doors are not proper, space for gas cylinder is not provided hinges are hanging, location of some hinges were not in right position. May be because of door shutters were found hanged and non-aligned. Glass doors are not provided with ejectors. Some glasses were broken. This is prepared without any work memo. Ten photographs were also submitted along with the report. In the agreement note, the opposite party has objected the report in the following terms as the inspection was taken place after  three years from installation. Commissioner  has not considered the age of the kitchen and also the defective use of the same by the complainant. The working condition of the chimney was not reported. Materials used are of medium quality not poor quality.

                    6. The modular kitchen seems to have installed on a surface already constructed. There are enhances of  slight imperfection due to the uneven nature of the surface. Complainant has also no case that the product is totally unusable as argued by the opposite party.

                   7. In spite of which the imperfection are imperfections. Within such a short period of three years especially in the case of a modular kitchen such defects cannot arise to the extent noted by the expert Commissioner. The commissioner has also not assessed the loss caused due to the poor workmanship of the opposite party.

                   8. We are therefore of the considered view that a nominal compensation of Rs.25,000/(Rupees Twentyfive thousand only) is just enough to mitigate the damage of the complainant.

                   9. We allow the complaint partly directing the opposite party to pay Rs.25,000/- (Rupees Twenty five thousandonly) and Rs.3,000/-(Rupees Three thousand only) towards cost within thirty days from the receipt of this order. If not paid with in time, it will carry 12 % interest till payment.

                   Dictated to the Confidential Assistant, transcribed by her, corrected by me pronounced in the open Forum this the 30^thday of November 2019.

Sd/-                                        Sd/-

Dr.K.Radhakrishnan Nair       P.K.Sasi                                                            

Member                                  President            

Appendix

Complainant’s Exhibits                           

Ext.P1 Quotation for kitchen work 

Ext.P2 Copy of the Email

Ext.P3 Lawyer’s Notice dated 07.02.2014.

Opposite Party’s Exhibits.

Ext.R1 Power of Attorney

Ext.C1-Commissioner’s Report

                   Id/-

                                                                                      Member