Case No.CC/624/2014

Date of Institution:-10.09.2014

Order Reserved on :-15.03.2024

           Date of Order :-24.04.2024

IN THE MATTER OF:

Deepak Sharma

R/o H.No. 3058, Sector-C,

Pocket-3,  Vasantkunj,

New Delhi – 110070.

          …..Complainant

VERSUS

1. Home Town

The Great India Place Mall (Opp.  Atta Market),

A-2, Lower Ground Floor,

Sector-38A, Noida – 201301.

2. Future Retail Limited

Knowledge House, Shyam Nagar,

Off Jogeshwari-Vikhroli Link Road,

Jogeshwari (East),

Mumbai – 400 060.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are that the complainant is a consumer who has been cheated by the malpractice adopted by the OP.The complainant contacted to the OP for purpose of renovation of his kitchen and booked a modular kitchen with the OP in the month of August, 2012 and paid Rs.1,64,000/- to the OP in advance for this work. Copy of payment detail and booking receipts are attached as Annexure-1 & 2.The OP has not come to the house of complainant after booking of modular kitchen for measurement or installation of the kitchen components till the month of March, 2013.  The complainant followed many times with the OP for this installation through phone and personal visit at their office at Noida but the installation work was not complete and the material used for the work was sub-standard and some of the material is pending.  The complainant was not able to use kitchen as per his wish for last one year.  The engineer of OP visited the home of complainant for survey of the site for installation but nothing had been happened.  The complainant has followed up with the OP for the purpose of his installation by phone, e-mails and personal visits but everything is futile. Copy of the e-mail is attached as Annexure-3. The complainant has not received any satisfactory response from the OP in spite of repeated requests and by this the OP has committed deficient in service.  The OP has committed breach of terms and conditions as agreed by the OP and committed breach of trust and criminal misappropriation of property and rights.  The OP has cheated the complainant with his hard earned money and lured him to fall in trap of OP.  The OP has adopted deceptive means of trading and have not delivered to the complainant, the services as per the contract between the complainant and OP.  The complainant has prayed for refund of Rs.1,64,000/- (Rupees One Lakh Sixty Four Thousand) alongwith Rs.2,00,000/- (Rupees Two Lakh) for mental agony and harassment.
2. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
3. Both the parties have filed affidavit of evidence as well as written arguments in support of their respective case.
4. Notice of complaintwas served to OP.The OP has filed his reply and taking several preliminary objections that this Forum does not have the territorial jurisdiction to try the present complaint as neither OPs carries its business within the jurisdiction of this Forum.  Hence, the present complaint is liable to be dismissed.  The complainant has not placed any record to substantiate that the modular kitchen has not been installed. Thus, the complaint has been institutes with a malafide intention and barred by limitation, hence, liable to be dismissed.  The OP has stated that booking of Rs.1,64,000/- as matter of record and the modular kitchen has been fitted to the complainant home two years ago. Hence, the present complaint is liable to be dismissed.
5. We have gone through the material on record carefully and thoroughly.
6. It is the case of complainant thathehad booked a modular kitchen with the OP in the month of August, 2012 and paid Rs.1,64,000/- (Rupees One Lakh Sixty Four Thousand) to the OP in advance for this work.  The OP has not come to the house of complainant after booking of modular kitchen for measurement or installation of the kitchen components till the month of March, 2013.  The complainant followed up many times with the OP for this installation through phone and personal visit at their office at Noida but the installation work was not completed and the material used for the work was sub-standard and some of the material is pending.  The complainant was not able to use kitchen as per his wish for last one year.  The engineer of OP visited the home of complainant for survey of the site for installation but nothing had been happened.  The complainant has followed up with the OP for the purpose of his installation by phone, e-mails and personal visits but everything is futile. The complainant has not received any satisfactory response from the OP inspite of repeated requests and by this the OP has committed deficient in service.  The OP has committed breach of terms and conditions as agreed by the OP and committed breach of trust and criminal misappropriation of property and rights.  The OP has cheated the complainant with his hard earned money and lured him to fall in trap of OP.  The OP has adopted deceptive means of trading and have not delivered to the complainant, the services as per the contract between the complainant and OP.
7. It is the case of the complainant that this conduct of OP amounts to deficiency in service and unfair trade practice. The OP has not denied the booking of the modular kitchen in their written statement stating that it is a matter of record and need no reply.  OP has alleged that neither of OPs operates, carries on business within the jurisdiction of this Forum.  The OP-1 carries on its business the Great India Place Mall situated at Greater Noida and the registered office of OP-2 situated at Mumbai.  The complainant has no territorial jurisdiction in this Forum. The complainant has not placed any evidence which shows the deficiency in service on the part of OP.   The complainant has failed to place any evidence including photographs and communications to the OP which reveals that there was deficiency in service on the part of the OP.  In absence of evidences, the case is liable to be dismissed in default.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 24.04.2024at 3.30 PM.