DATE OF DISPOSAL: 06.09.2018
Sri Karuna Kar Nayak, President.
The complainant Sibaram Maharana has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he agreed to purchase Kutchina Modular Kitchen through the O.P.No.2 for the sale consideration of Rs.2,51,000/-. As per terms and condition of the O.Ps the complainant has paid Rs.1,25,000/- i.e. 50% of the selling price for booking of the kitchen vide cheque No.851669 dated 29.09.2016 to the O.P.No.2. Thereafter after six months the O.Ps has delivered Kutchina Modular Kitchen articles to the complainant and at that time also as per terms and conditions of the O.Ps the complainant has paid Rs.50,000/- i.e. 40% of the remaining selling price vide cheque No. 465165 dated 31.03.2017 to the O.P.No.2. The O.Ps has sent their authorized technician to the complainant’s house for installation of Kutchina Modular Kitchen in his house. When their authorized technician opened the said Kutchina Modular Kitchen articles in his house, the complainant found that the materials supplied by the O.P.No.1 are not up to the mark as per the version of the company representative i.e. Mr. Prabhat Ranjan Das of the O.P.No.1 and the O.P.No.2. The materials such as shutters and doors and other materials are bent and also the cuttings of the supplied materials are not as per the measurement of his kitchen room. The materials supplied by the O.P.No.1 are low quality and substandard as such these are not branded materials. Hence the complainant has directed the authorized technician of the O.P.No.1 to stop the installation of the kutchina Modular Kitchen in his kitchen room. Accordingly the authorized technician has returned from his house. Thereafter he approached to O.P.No.2 redress his grievance regarding the low quality articles of Kutchina Modular Kitchen to him though he agreed to purchase the same for Rs.2,51,000/- for best quality. The O.P.No.2 has assured to him to put forth his grievance to the O.P.No.1 so that best quality of Kutchina Modular Kitchen articles will be delivered for installation in his house. The complainant has run several times the O.P.No.2 for his grievance but it was in vain. The O.P.No.2 has also not taken effective steps to materialize the grievance of the complainant. The complainant issued a Regd. Notice dated 26.09.2017 to the O.P.No.1 & 2 for return of sale consideration of Rs.1,75,000/- to him after taking of the said kutchina modular kitchen articles. But they received the notice and they did not choose to give reply to his notice. The complainant can not reside in his house for want of kitchen though he invested lumps of money in his house. Hence the complainant suffered mental agony and financial loss due to negligence in duty by the O.Ps and he has suffered physical strain for the same. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to return the sale consideration of Rs.1,75,000/- with 18% per annum from 21.3.2017 till realization, Rs.1,00,000/- towards financial loss, Rs.50,000/- towards mental agony and physical strain, Rs.10,000/- towards litigation expenses in the best interest of justice.
3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Hence the O.P.No.1 set exparte on dated 11.01.2018 and O.P.No.2 set exparte on dated 21.05.2018 respectively.
4. On the date of exparte hearing of the case, we heard the learned counsel for the complainant and have gone through the case record and also perused the materials on the case record. We have also thoughtfully considered the submission made before us by the learned counsel for the complainant. Despite several persuasions the O.Ps did not heed to consider the grievance of the complainant. Hence in our considered view the O.Ps are negligent in rendering proper service to the complainant as such there is deficiency in service on the part of the O.Ps for which the complainant at this stage is entitled to get some relief as prayed for.
In the result, the complainant’s case is allowed on ex-parte against the O.Ps. Both the O.Ps are jointly and severally liable as such they are directed to pay Rs.1,75,000/- i.e. the cost of Kutchina Modular Kitchen articles and Rs.20,000/- towards compensation for mental agony alongwith Rs.2,000/- towards cost of litigation to the complainant within two months from receipt of this order. The complainant is also directed to deliver the said Kutchina Modular Kitchen to the O.Ps at the time of getting the aforesaid dues, failing which all the dues shall carry 14% interest per annum.
The order is pronounced on this day of 6th September 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
