OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.1/16
Present:-
1) Md. Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
1) Sri Sujaya Charan Sharma, - Complainant
S/O Late Abhai Charan Sarma,
Residence of Regency Paradise, Bhetapara,
Guwahati,District-Kamrup(M), Assam.
-vs-
1) Hobs and Hoods 14, R.G.Baruah Rd,
Opposite Tanz, Supermarket, Zoo Road,
Guwahati-24, District –Kamrup (Metro)
Represented by its Managing Director, Mr.Nitin Shaunak - Opp.parties
Appearance-
Learned advocate Ms.Megha Mala Sarma and Mr.Ujjal Kr.Das for the complainant
Date of argument- 05.09.2017
Date of judgment- 20.9.2017
Exparte Judgment
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1) The complaint filed by Mr.Sujaya Charan Sarma was admitted against Hobs & Hoods 14, R.G.Baruah Road,Guwahati was admitted on 5.1.2016 and notices was properly served , but they defaulted to take step and being compelled, this forum, vide order 27.10.16, directed that the complaint against the opp.party will proceed on exparte. The complainant, thereafter, filed evidence in affidavit on 24.1.2017 and his counsel filed written exparte argument on 7.3.2017. We have heard oral argument of Ld. advocate Ms.Megha Mala Sarma for the complainant and today we deliver our judgment which is as below.
2) The gist of the case of the complainant is that the complainant who is a flat owner in Regency Paradise at Bhetapara, in the month of March 2014, contacted opp.party to construction a modular kitchen in his flat at a consideration of Rs.1,50,000/-, and accordingly he paid Rs.1,00,000/- in advance to the opp.party vide cheque No. 925156 dtd. 29.3.2014, and the said cheque was also accordingly encashed by the opp.party through their account No. –A/C No. 10823799387 on 5.4.2014, but the opp.party had not carried out the work of construction of said modular kitchen in the flat, nor returned the advance money, and then he sent legal notice to the opp.party through his advocate on 20.8.15 vide a registered post letter, but the opp.party did not return the advance money.
3) We have perused the evidence of the complainant and found that the complainant states clearly that he contacted the opp.party to construct a modular kitchen in his flat in Regency Paradise at Bhetapara at consideration of Rs.1,50,000/- in the month of March, 2014, and he also paid Rs.1,00,000/- to the opp.party vide cheque No. 925156 dtd. 29.3.2014 and the said cheque was encashed and drawn by the opp.party in their account No. 10823799387 on 5.4.2014. This version of the complainant is believable as he is stating the same on oath. Secondly, after perusing Ex.1 , the Pass-Book of the complainant, it is seen that the said cheque was got encashed debiting his Saving Bank Account No. 10823799387 on 5.4.2014.Thus, it is clearly established that the complainant, in the month of March ,2014 contacted with opp.party namely, Hobs and Hoods 14, R.G.Baruah Rd, represented by its Managing Director, Mr.Nitin Shaunak for constructing a modular kitchen in his flat in Regency Paradise at Bhetapara, and the opp.party agreed to carry out said construction at a consideration of Rs.1,50,000/-, and he also paid Rs.1,00,000/- to the opp.party vide cheque No. 925156 dtd. 29.3.2014 of State Bank of India, Panbazar branch and the said cheque was also drawn from his account by the opp.party on 5.4.14.
4) The complainant, in evidence, states that even after payment of the said advance amount, the opp.party did not take up the work of the construction of the said kitchen, and nor returned the advance amount and then he sent a legal notice to the opp.party on 20.8.2015 through registered post letter demanding the refund of the advance money, and despite of receipt of the said notice, the opp.party neither started construction work nor refunded the advance money, he had paid. Thus, it is established that even after receiving the amount Rs. 1,00,000/- from the complainant vide cheque No. 925156 dtd. 29.3.2014, the opp.party has not started the construction work of the said modular kitchen, nor returned the advance amount. In such premises, we hold that the act of not constructing the modular kitchen in the flat of the complainant as per contract, and the act of not returning the advance amount of Rs. 1,00,000/- by the opp.party is a clear case of deficiency of service towards the complainant and is also a case of unfair trade practice; and therefore, the complainant, being a consumer of service of the opp.party, is entitled to get back his advance amount and also to get compensation for harassment he has faced for such inaction of the opp.party. Therefore, we hold that, the opp.party, represented by its managing director, Mr.Nitin Saunak is laible to return the advance amount of Rs.1,00,000/- to the complainant alongwith interest @12% with effect from 5.4.14 and also to pay compensation to the tune of Rs.5,000/- for causing harassment to him as well as Rs.5,000/- as cost of proceeding.
5) Closing our discussion as above, the complaint is allowed on exparte with a direction to the opp.party, Hobs and Hoods 14, represented by its managing director Mr.Nitin Shaunak to refund the advance amount of Rs.1,00,000/- to the complainant along with interest @12% from 5.4.2014 and also to pay him Rs.5,000/- for compensation for causing harassment to him as well as Rs.5,000/- as cost of the proceeding. The opp.party is directed to make the payment within 45 days , in default, other two amounts shall also carry interest at the same rate.
Given our hands and seals in this day of 20th Sep.2017.
(Smti.Archana Deka Lahkar) (Md.Sahadat Hussain)
Member President
