In epitome complainants case is that they entered into an agreement on 25.11.2020 with O.P. for interior decoration and to build different designer-space saving furniture in the apartment of the complainants in Apartment No. ‘A’ in ‘Grandeure Tower’, Flat No.-7A, 7th floor, premises no.126A, B.T. Road, District-North 24 pgs. Also O.P. sent a quotation of Rs. 7, 36,113/- being the agreed amount only inclusive all taxes, construction costs, raw materials, labour charges to complete the assignment.
Complainants state that by different instalments they have already paid to O.P. a sum of Rs. 5, 47,430/- only against a valid receipt issued by the O.P. Complainants’ allege also that from the very beginning in spite of receiving advance money O.P. was reluctant to carry out the job within specified time and ultimately work process was started on or about 28.12.2020, admittedly which was actually behind the agreed schedule. In this context, several complaints and phone calls were made by the complainants to the O.P. and also to the agent of O.P., but on various pretexts O.P. had neglected to carry out the job. Complainants further alleges that on or about 28.04.2021 and thereafter on 10.05.2021 complainants came to know that workers of O.P. left the premises with all machineries and thereafter complainants tried to contact the O.P. for explanation, but no reasonable answer was made from the end of the O.P.
Complainants also allege that finding no other alternative on 21.05.2021 complainants lodged an FIR against the OP before the concerned Police Station and accordingly a case has been started being Khardah P.S. Case no. 293/2021 against O.P. and O.P. took bail in that case.
Complainants also state that in this regard they have previously lodged a complaint on 02.09.2021 before the office of Consumer Disputes Redressal Commission, Kolkata but the said process ultimately failed.
Complainants also state that finding no other alternative and in spite of several legal notices sent to O.P., but O.P. did not pay any heed to those notices rather threatened the complainants to withdraw the said F.I.R. and thus, complainants under compelling circumstances instituted the instant case.
Complainants further state that it is evident that O.P. has acted in most unprofessional, unethical manner and has violated the agreement dated 25.11.2020 and under such a situation complainants have filed this case praying for the following directions:-
- O.P. be directed to pay to the complainants a sum of Rs. 5, 47,430/- only with interest which had been paid by the complainants to him as advance.
- O.P. be directed to pay liquated damages of Rs. 5, 00,000/- only to the complainants for making destruction and damages to the articles other materials and furniture as well as property of the complainants.
- O.P. be directed to pay compensation to the complainants amounting to Rs. 3, 00,000/- with interest for causing extreme financial losses and mental agony etc.
- O.P. be directed to pay further compensation to the complainants in the form of liquidated damages and other relief/ reliefs, if any.
POINT FOR DECISION
Are the complainants entitled to have relief/reliefs as prayed for.
DECISION WITH REASONS
To prove the case complainant no.2 has tendered her written examination in chief supported by an affidavit. That apart on behalf of the complainants various relevant photocopies of documents have been filed in support of their case.
This Commission has gone through the said evidence of the complainants and the relevant documents filed on behalf of the complainants.
It appears that in her evidence that complainant no.2 has fully corroborated the case of the petition of complaint and the documents filed on behalf of the complainants are lending support to the case of the complainants. So, in view of the evidence on behalf of the complainants and the documents filed also on behalf of the complainants, remaining un-challenged, it is held that complainants case is proved and the complainants are entitled to get the relief as sought for.
Hence, it is,
Ordered
that the instant case being no.CC/422/2021 is allowed ex parte against the O.P. with cost.
O.P. is hereby directed to repay a sum of Rs.5, 47,430/- only to the complainants which had been paid to him as advance by complainants with interest @8% with effect from the date of last payment of instalment paid by the complainants to the O.P. till realisation of the full amount and O.P. is directed to pay the same (entire amount) within 45 days from the date of this order.
O.P. is also directed to pay to the complainants a sum of Rs. 2,00,000/- only towards liquidated damages for making destruction and damages to the articles and other materials including furniture as well as property of the complainants and said payment should be made by the O.P. to the complainants within 45 days from the date of this order.
OP is also directed to pay to the complainants a sum of Rs.10, 000/- towards litigation cost within 45 days from the date of this order.
Let copy of this order be given to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
