Case No.CC/235/2022

Date of Institution:-04.08.2022

Order Reserved on :- 29.05.2024

           Date of Order :- 13.11.2024

IN THE MATTER OF:

1. Swati Gosh
2. PrabirGhosh

Both R/o Flat No. 301, H3/53.

Bengali Colony, Mahavir Enclave,

New Delhi – 110045.

          …..Complainants

VERSUS

MitasoComtel Limited

Plot No. 119-120, Sector-6,

Faridabad – 121006, Haryana.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainants are residents of a top floor with roof rights. The complainants have a porta cabin installed on their roof/terrace, which is the complainants’ daughter’s room. The complainants’ daughter had difficulty concentrating because of the noise from the adjacent building. The complainants have decided to install PUF wall panels, raising a partition between the two roofs. The complainants have sought information about the options available with the different companies selling PUF wall panels and accessories.  OP has assured the complainant to provide PUF wall penal and accessories as per the specifications requested by the complainant i.e. 1000 mm wide panels made of polyurethane foam from sandwiched between 0.3 mm plain Jindal/Tata metal sheets, 40 mm thick with tongue and groove (metallic groove) at the edges for fitment; off-white color.  The official of OP, Ms. Chanchal explained the terms and procedure for placing the order and requested the complainants to pay Rs.1,000/- immediately. The complainant also paid Rs.10,000/- as booking amount after which the OP would share sample photos of the material and arrange a site visit to prepare drawing with details/specifications as per the order.  The complainants would then be required to review the drawing and details/specifications approve the same after 50% of payment. After production, the complainant would have to pay 100% of payment. OP has assured the complainant that production and delivery will be completed within 3-4 days. The complainant no. 2 has paid Rs.1000/- in cash to the OP on 27.11.2021 and OP raised an invoice which is annexed as Annexure-2.  The complainant no. 1 has paid Rs.10,000/- to the OP through net banking which is annexed as Annexure-3.  The complainant no. 2 has prepared a drawing and sent the same to the OP on 30.11.2021.  The screen shot showing transaction reference through WhatsApp on 30.11.2021 which is annexed as Annexure-4A.  The drawing prepared by complainant no. 2 showing complainant’s requirement is annexed as Annexure-4B. However, after receiving booking amount of Rs.11,000/-, the employee of the OP has started providing contradictory information about material specifications, alternately claiming that the OP could not provide PUF wall panels and accessories as per specifications as ordered by the complainant. On 01.12.2021, the employee of OP Mr. RajuPanchal informed the complainant that they would provide only material for flashings of 0.5 mm and does not provide ready to use, bent and shaped 0.8 mm channels.  On 02.12.2021, the OP has shared a drawing prepared by its design/drawing department but the said design completely different from what the complainant had ordered and what the OP had agreed to provide at the time of booking. On 03.12.2021, employee of OP Ms. Chanchal informed the complainant that wall panel are available only in 1188 mm and not in 1000 mm and she tried to convenience the complainant that “1000 mm nahi ho paega”.  But the complainant no.1 said that the order was of 1000 mm plain panel and the OP should prepare the same.  The OP has not provided the ribbed panel of 1000 mm.  The complainants have requested to refund booking amount but the OP has not heard their grievances.  It was clear that the OP did not provide the material of the same specifications as ordered by the complainants and OP had received booking amount dishonestly which clearly deficiency in service and unfair trade practice on part of the OP.  The complainants have waited till 11.12.2021 but the OP has not provided the PUF panels.  The complainants have sent notice by email to OP for refund of their booking amount but the OP once again did not reply to the email/notice.   The complainants have prayed for refund of Rs.11,000/- (Rupees Eleven Thousand) with interest @ 10% p.a. and Rs.4,000/- (Rupees Four Thousand) for compensation and legal expenses.
2. OP did not appear despite due service and attend the proceedings before this Commission and was proceeded Ex-Parte vide order dated 07.10.2022. 
3. The complainants have filed Ex-parte evidence and written arguments in support of their case.
4. On 29.05.2024, the case was listed for arguments.We have heard the Complainant and perused the record.
5. We have considered the material on recordcarefully and thoroughly.
6. It is the case of the complainantsthat they have a porta cabin installed on their roof/terrace, which is the complainants’ daughter’s room. The complainants’ daughter had difficulty concentrating because of the noise from the adjacent building. The complainants have decided to install PUF wall panels, raising a partition between the two roofs. The complainants have sought information about the options available with the different companies selling PUF wall panels and accessories.  OP has assured the complainant to provide PUF wall penal and accessories as per the specifications requested by the complainant i.e. 1000 mm wide panels made of polyurethane foam from sandwiched between 0.3 mm plain Jindal/Tata metal sheets, 40 mm thick with tongue and groove (metallic groove) at the edges for fitment; off-white color.  The official of OP, Ms. Chanchal explained the terms and procedure for placing the order and requested the complainants to pay Rs.1,000/- immediately. The complainant also paid Rs.10,000/- as booking amount after which the OP would share sample photos of the material and arrange a site visit to prepare drawing with details/specifications as per the order.  The complainants would then be required to review the drawing and details/specifications approve the same after 50% of payment. After production, the complainant would have to pay 100% of payment. OP has assured the complainant that production and delivery will be completed within 3-4 days. The complainant no. 2 has paid Rs.1000/- in cash to the OP on 27.11.2021.  The complainant no. 1 has paid Rs.10,000/- to the OP through net banking.  The complainant no. 2 has prepared a drawing and sent the same to the OP on 30.11.2021.  The screen shot showing transaction reference through WhatsApp on 30.11.2021.    However, after receiving the booking amount of Rs.11,000/-, employee of the OP has started providing contradictory information about material specifications, alternately claiming that the OP could not provide PUF wall panels and accessories as per specifications as ordered by the complainant. On 01.12.2021, the employee of OP Mr. RajuPanchal informed the complainant that they would provide only material for flashings of 0.5 mm and does not provide ready to use, bent and shaped 0.8 mm channels.  On 02.12.2021, the OP has shared a drawing prepared by its design/drawing department but the said design completely different from what the complainant had ordered and what the OP had agreed to provide at the time of booking. On 03.12.2021, employee of OP, Ms. Chanchal informed the complainant that wall panel are available only in 1188 mm  and not in 1000 mm and she tried to convenience the complainant that “1000 mm nahi ho paega”.  But the complainant no.1 said that the order was of 1000 mm plain panel and the OP should prepare the same.  The OP has not provided the ribbed panel of 1000 mm.  The complainants have requested to refund booking amount but the OP has not heard their grievances.  It was clear that the OP did not provide the material of the same specifications as ordered by the complainants and OP had received booking amount dishonestly which clearly deficiency in service and unfair trade practice on part of the OP.  The complainants have waited till 11.12.2021 but the OP has not provided the PUF panels.  The complainants have sent notice by email to OP for refund of their booking amount but once again theOP did not reply to the email/notice.
7. The complainants have paid consideration for initial booking Rs.11,000/- to OP but the OP has not provided material as per discussions with the complainants. If the material was not available with OP, the OP was under obligation to refund the booking amount to the complainants within reasonable time.
8. From the facts of the case and evidence placed on the record, it is clear that on receipt of the booking amount of Rs.11,000/- from the complainant, the OP has neither provided materials as per specifications of the complainants  nor refunded the booking amount to the complainants and this act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
9. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.11,000/- (Rupees Eleven Thosuand)alonwth interest @ 6% p.a. from the date of booking amount and Rs.4,000/- (Rupees Four Thousand)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 13.11.2024