Chandigarh

DF-II

CC/609/2021

Rakesh Kumar - Complainant(s)

Versus

Kitchen World - Opp.Party(s)

In person

16 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	609 of 2021
Date  of  Institution	:	14.09.2021
Date   of   Decision	:	16.06.2023

 

 

 

 

 

Rakesh Kumar son of Sh.Kumar Chand, aged 47 years resident of House No.110, Milk Colony, Dhanas, U.T., Chandigarh 160014

             …..Complainant

 

Versus

1]  Kitchen World, Works Office at: Kitchen World, # 181/20m, Industrial Area, Phase-1, Chandigarh 160002 {Dispensed with vide order dated 9.2.2022}

2]  Kitchen World, Office Address:- SCO No.1229, Adjoining Hotel Celebration, Opposite J.P. Hospital, Chandigarh-Ambala Highway, Zirakpur, Mohali, Punjab 140603 through its Authorised signatory/Owner/ Proprietor/Director. 

    (Earlier Address: - SCO No.65, Sector 47-C, Chandigarh)

3]  Sh.Kamlesh Bahuguna, Marketing Manager, Kitchen World, SCO No.1229, Adjoining Hotel Celebration, Opposite J.P.Hospital, Chandigarh-Ambala Highway, Zirakpur, Mohali, Punjab 140603

4]  Ms.Shobha, Authorized Representative, Kitchen World, SCO No.1229, Adjoining Hotel Celebration, Opposite J.P.Hospital, Chandigarh-Ambala Highway, Zirakpur, Mohali, Punjab 140603

    ….. Opposite Parties

 

BEFORE:  SMT.SURJEET KAUR     PRESIDING MEMBER 

                SH.B.M.SHARMA                 MEMBER

                       

Argued by :  Ms.Bijuli Sinha, Adv. proxy for Sh.Deepak             Aggarwal, Counsel for complainant along              with complainant

              OP NO.1 dispensed with.

              OPs No.2 to 4 exparte.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

         In a nutshell, the case of the complainant is that he hired the services of OPs for installation of Modular Kitchen at his newly constructed house and after negotiation a total amount of Rs.2,54,308/- was settled between the parties. Accordingly, the OPs provided the Modular Kitchen, complete in all respect i.e. material with installation and payment of Rs.2,54,308/- was also made to them per details Ann.C-1.  It is stated that the complainant has also provided plumber, mason and labour as desired by the OPs without deducting any charges out of the paid amount.  It is also stated that the complainant and his family member took all reasonable steps to maintain the kitchen by cleaning the countertop, cabinets, shelves, accessories etc. on regular, apart from installing Chimney in kitchen.  However, to the shock & surprise of the complainant, the modular kitchen, within a year of its installation, started giving sound from the joints, small gaps occurred therein and as such, the complainant contacted the OPs and apprised about the problem.  It is submitted that the staff of the OPs visited the premises of complainant only after much persuasion & calls and then tried their level best to remove the sound and to rectify the gaps, but failed to set it right.  It is also submitted that the modular kitchen installed by the OPs could not stand for a year though they claimed to have guarantee of minimum 10 years.  Then the complainant sent legal notice to the OPs (Ann.C-2) whereupon the official of OPs visited the premises of the complainant, inspected the modular kitchen and acknowledged that it was on account of some defective material used in the modular kitchen and had agreed to compensate for the loss, but neither the defects were set at right by the OPs nor any compensation was provided.  Left with no alternative, the complainant was forced to get installed a new kitchen from outside and further incurred expenses to the tune of Rs.1.5 lacs.  Thereafter, the complainant sent final notice to Ops vide email dated 4.8.2021, but to no avail.  Hence, this complaint has been filed alleging the above act & conduct of the OPs as gross deficiency in service and unfair trade practice.

    

2]       The OPs No.2 to 4 did not turn up despite service of notice, hence they were proceeded exparte vide order dated 01.08.2022, whereas OP NO.1 was dispensed with vide order dated 9.2.2022.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and thoroughly perused entire evidence & documents on record.  

 

5]       It is well proved on record from Ann.C-1 (Colly) that the complainant had made payment of Rs.2,54,308/- to the OPs – Kitchen World i.e. Rs.1,20,000/- vide cheque No.499527, dated 9.9.2016, Rs.90,000/- vide cheque No.499529, dated 14.9.2016 and Rs.44,308 vide bill dated 24.10.2016. It is also proved from Ann.C-2 (letter sent to OPs through regd. post) that the complainant has appraised the OPs in detail about the defective work done by them in the modular kitchen and its deteriorating condition.  The complainant also placed on record the copy of chat with OPs (Ann.C-3) as well as photograph of the damaged modular kitchen boxes to establish his assertions as made in complaint.  It is clearly made out that the OPs had used sub-standard material & component while installing modular kitchen at the premises of the complainant even after receiving a good amount, otherwise a modular kitchen having good-quality material & component, installed by professionals and OP like company, can last at least for 10-15 years, which is not the position in the present case.  Thus deficiency in service and unfair trade practice on the part of OPs is clearly attributed.    

 

6]       Further, the OPs despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint, which has raised a reasonable presumption that the Opposite Parties have failed to render due service to the complainant and have nothing to contradict meaning thereby that the OPs have duly admitted the claim of the complainant.   Therefore, the deficiency in service and unfair trade practice on the part of the OPs is clearly made out, which certainly has caused harassment loss to the complainant. 

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OP No.2 (Kitchen World). Therefore, the present complaint is allowed with direction to the Opposite Party No.2 to refund the cost of the product i.e. Rs.2,54,308/- to the complainant along with interest @9% p.a. from the respective date of payment till its realization. The OP No.2 is also directed to pay a compository amount of Rs.20,000/- to the complainant as compensation for deficient services and indulging in unfair trade practice, along with litigation cost of Rs.10,000/-.

         This order shall be complied with by the OP No.2 within a period of 45 days from the date of receipt of copy of this order, failing which the OP No.2 shall be liable to pay additional cost of Rs.10,000/- apart from the above relief.       

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

16^th June, 2023                                                                      

Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER