Vipin Handa filed a consumer case on 31 Jul 2017 against Flora Interiors in the West Delhi Consumer Court. The case no is CC/14/645 and the judgment uploaded on 09 Aug 2017.
GOVERNMENT OF NCT OF DELHI
150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058
Date of institution: 29.09.2014
Complaint Case. No.645/14 Date of order: 31.07.2017
IN MATTER OF
Sh. Vipin Handa S/o Sh. M.R. Handa,R/o A-55 First Floor,Brotherhood Apartments,Vikaspuri, New Delhi-110018.
Complainant
VERSUS
1. M/s Flora Interiors ( through its Directors/Managing Director/Principal Officer), 4/108, Vikaspuri, New Delhi -18. also at GG-1-99A, Vikaspuri, New Delhi-18.
Opposite party no.1
2. Mr. Manav Kumar, Director of M/s Flora Interiors, 4/108, Vikaspuri, New Delhi -18. also at GG-1-99A, Vikaspuri, New Delhi-18.
Opposite party no.2
ORDER
R.S. BAGRI,PRESIDENT
Shri Vipin Handa named above here in the complainant has filed the present consumer complaint against M/s Flora Interiors and another here in after in short referred as the opposite parties stating that he is owner in possession of house/property no. A-55 First Floor Brotherhood Apartments, Vikaspuri New Delhi-110018 hereinafter for convenience referred as the house. The opposite
parties vide interiors agreement dated 13.09.2013 promised to renovate the house of the complainant within two months for sum of Rs. 11,00,000/- . Marriage of son of the complainant was fixed for 29.11.2013. The opposite parties failed to complete the work of the house within the period of two months. Therefore, he performed marriage of his son in rented accommodation causing harassment and loss of reputation in the society. The complainantpaid Rs. 11,00,000/- to the opposite parties as per the agreement. But the work done by the opposite parties is neither up to the mark nor as per specification of the agreement. The opposite parties in spite of receipt of payment failed to complete the work of the house till December 2013. They also failed toprovide basic services. They left the premises without completing the work. The complainant sufferedhumiliation, harassment and mental agonyonaccount of deficiency in service on the part of the opposite parties. The complainant several times approached the opposite parties to complete the renovation work as the complainant is residing in a rented accommodation on payment of Rs. 16,000/- p.m. But the opposite parties did not pay any heed . Therefore, the complainant was left with no option except to complete renovation/ repair work at his own and spent Rs. 4,00,000/- . The opposite parties are deficient in service and cheated the complainant. The complainant has suffered mental, physical and financial agony on account of deficiency in service on the part of the opposite parties. The complainant vide notice dated 23.08.2014 asked the opposite parties to refund
Rs. 11,00,000/- received for renovation of the house , pay Rs. 5,00,000/- damages
on account harassment, torture , physical, mental and financialharassment .But the opposite parties did not respond. Hence the complainant filed the present complaint for directions to the opposite parties to return back a sum of Rs.11,00,000/- received by the complainant with interest @ 24% p.a., pay a sum of Rs. 5,00,000/- as compensation to the complainant for mental, physical and financial harassment caused by the opposite parties.
Notice of the complaint was sent to the opposite parties. But despite service none of the opposite parties appeared. Therefore, the opposite parties were proceeded ex-parte vide order dated 09.12.2015.
When Sh. Vipin Handa complainant was asked to lead evidence by way of affidavit he filed affidavit narrating facts of the complaint. He also relied upon interior agreement dated 13.09.2013 with annexures of specification of repairs, pamphlets of the opposite parties,invoices dated 21.12.2013 and 31.12.2013, receipts dated 15.09.2013, 26.09.2013 28.09.2013 07.10.2013, 17.10.2013, 26.10.2013, 14.11.2013, 18.11.2013, 25.11.2013, 01.12.2013, 04.01.2014, 10.01.2014,16.01.2014, 17.01.2014 19.01.2014, 20.01.2014, 01.02.2014, 02.02.2014, 03.02.2014, 20.02.2014, 02.03.2014, 04.03.2014, 14.03.2014,25.03.2014, 29.3.2014, 31.08.2014 and receipt of serial no. 4397 and legal notice dated 23.08.2014.
We have heard learned Counsel for the complainant and have gone through the material available on record carefully and thoroughly .
The version of the complaint, affidavit and documents relied upon by himhave remained unrebutted and unchallenged, therefore, there is no reason to disbelieve the unrebutted and unchallenged version and evidence produced by the complainant.
The complainant from unrebutted version, affidavit and documents have been able to prove that the complainant vide interior agreement dated 13.09.2013 gave the house to the opposite parties for renovation on payment of Rs. 11,00,000/-. He paid the agreed amount of Rs. 11,00,000/- . The opposite parties failed to renovate the house as per the terms and specification of the agreement dated 13.09.2013. The complainant had to reside in a rented accommodation for long period.He had to pay rent @ Rs. 16,000/- p.m. The opposite parties left the house without completion of the interior work. The complainant had to spent a sum of Rs. 4,00,000/- on completion of the work. Therefore, there is unfair trade practice and deficiency in service on the part of the opposite parties. The complainant suffered mentally, physically and financially. Therefore, we direct the opposite parties to pay sum of Rs. 4,00,000/- spent by the complainant in repair
of the house with interest @ 9% p.a. from date of filing the complaint and a sum of Rs. 1,00,000/- on account of mental, physical and financial sufferings as well as litigation expenses.
Order pronounced on :31.07.2017
(PUNEET LAMBA) ( R.S. BAGRI )
MEMBER PRESIDENT
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