1.Case of the complainant:-
Complainant ordered seven doors for his new house which is under
construction. By believing the words of opposite party regarding the quality of TATA Pravesh Steel Doors with guarantee, complainant ordered the above doors and an advance payment of Rs. 25000/- made to opposite party on 7/01/2019 through cheque. A person sent by opposite party came to complainant’s house and taken the measurement of the area where the door was to be fixed. Opposite party assured that , he will deliver and fix the doors within three months from the date of order. Thereafter opposite party again came to complainant’s house after three months and taken the measurement of the area of the door. But at that time also he did not fix the doors as assured by him.
2. Even after plastering of the walls, opposite party did not bring and fix the doors. Thereafter on 1st week of June 2019, complainant fixed the date for housewarming of the house and informed the opposite party about this. Then also a person sent by opposite party taken the measurement of the area of the door , but he did not bring the doors and fix it. Complainant was under mental stress due to the act of opposite party. Thereafter on 30/11/2019 opposite party came to complainant’s house for fixing the doors and fixed some doors there. But there measurements of some of two doors were incorrect. Opposite party informed the complainant that in order to fix the door in the door frame, four inch wall had to be torn down by complainant. Complainant was not ready to obey that suggestion. Opposite party fixed five doors. Moreover complainant could not close one of the door because the door lock was damaged. These all happened due to the negligent act of opposite party. There is clear deficiency of service from the side of opposite party. Hence this complaint.
3. Claim of the complainant is that, he is entitled to get Rs. 5,00,000/- for the deficiency of service and mental agony caused due to the act of opposite party.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
5. At the time of filing the complaint, complainant filed a petition as per IA 394/2021 to appoint an Advocate Commissioner to inspect the house. After inspecting the house Advocate Commissioner reported that , there was no doors fixed in two bed rooms in the ground floor of the house. Hence those rooms are not useful for complainant and his family. Again she reported that , the lock fixed in one of the doors in the first floor of the house was not working. If somebody closed the door from inside the room then he will not be able to come out due to the defect of the lock fixed in the door.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4. Ext.A1 is the copy of Quotation for TATA Pravesh Doors issued by opposite party to complainant dated 07/01/2019 (3 pages), Ext.A2 is the copy of Statement of account from Manjeri Co-operative Urban Bank regarding the advance amount paid by complainant to opposite party dated 05/09/2021, Ext.A3 is the copy of Statement of account from State Bank of India regarding the payment details from 30/11/2019 to 10/12/2019 (2 pages), Ext.A4 is the photocopy of warranty card and details of TATA Pravesh Doors. Advocate Commissioner’s report marked as Ext.C1.
7. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
8. Hence we allow this complaint as follows:-
- The opposite party is directed to pay Rs. 38,000/-(Rupees Thirty eight thousand only) to the complainant as the amount of two internal doors.
- The opposite party is also directed to pay Rs. 10,000/-(Rupees Ten thousand only) to complainant as expenses for fixing the door.
- The opposite party is also directed to pay compensation of Rs.25,000/- (Rupees Twenty five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.5000/- (Rupees Five thousand) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 4th day of March , 2022.
