DCDRC/MS/ CC/83/2022

                                                                                                                                                  Date of Admission -  24/02/2022

                                                                                                                                                  Judgement Dated –28/02/2024

1. Mrs. Sadhana S. Singh,

2. Mr. Sagar J. Singh,

    R/o 803-B Wing of Park Royale,

    Bamandayapada, Military Road,

    Andheri (East), Mumbai – 400093.                         ……….. Complainants  

V/s.

. 1. M/s. Singularity Furniture Pvt. Ltd.,

    Through its Owner Hardik Shah,

     A-1404, 14^th floor, Naman Midtown,

     Senapati Bapat Marg, Elphinston West       ………… Opposite Party No. 1

2.  M/s. AZB Services LLP,

     B-501/502, Everest House, Suren Road,

     Gundavali, Andheri (East)

     Mumbai – 400093                                        ………… Opposite Party No. 2

3. M/s. Arrivae,

    B-501/502, Everest House, Suren Road,

     Gundavali, Andheri (East)

     Mumbai – 400093                                        ………… Opposite Party No. 3

Before        - : Hon’ble Smt. Samindara R. Surve , President

                       Hon’ble  Shri.  Sanjay S.  Jagdale, Member,

                       Hon’ble  Shri. Sameer S. Kamble, Member

                      For Complainant  -  Adv. Awadhesh Singh,  Adv. Asif  Vora

                      Opposite Party – Ex-parte

JUDGMENT

PER : Hon. Smt. Samindara R. Surve, President

1.           The present Complaint has been filed  by the Complainants under section 35 of Consumer Protection Act, 2019, inter alia, seeking to declare that Opposite Parties have committed deficiency in service and claimed Rs 8 lakhs for incomplete interior work with 12% p.a. interest. The Complainants have also sought Rs.10 lakhs towards the inconvenience and mental torture against the Opposite Parties.

2.   The brief facts of the present case are as under -
a). In the year 2019, the Complainants  approached the Opposite Parties for interior furniture work to be done in their flat bearing no. 803/B wing,  Park Royal Brahmandaya pada, Military Road, Andheri (East), Mumbai-400 059. After several joint meetings held with the Opposite Parties, the Opposite Parties on 21st June 2019, gave their quotation of Rs.11,21,878.72 and on 6th September 2019 of Rs.51,491.38/- totalling to Rs.11,73,370/- . The Complainants accordingly placed their order for interior work in their flat with the Opposite Parties by accepting the same and paid a sum  of Rs. 11,73,370/- from 16th June, 2019 to 11th October 2019 to the Opposite Parties  from time to time.

b). The Complainants  have submitted that after carrying out some interior work in their flat, the Opposite Parties left the said work in between without any intimation to them. The Complainants by their emails and text messages sent to the Opposite Parties, requested them to complete the said interior work. However, Opposite Parties have flouted  their deadlines, and failed to complete the said work undertaken by them.

3.             The Complainants therefore, issued legal notices through their Advocate, however the Opposite Parties failed either to reply or to  comply with the demands made therein. Hence, the Complainants filed  the present Complaint  seeking compensation for non  completing the work and for the inconvenience caused to them.

4.           After admission of the Complaint and issuance  of the notices, the Opposite Party nos.1 to 3 neither appeared nor filed their written statement before this Commission. Therefore,  the present Complaint is proceeded  ex-parte against the Opposite Party nos. 1 to 3.

5.            The Complainants have filed their affidavit of evidence along with the documents, viz  the quotations,  correspondence exchanged between the parties, legal notices issued to the Opposite  Parties along with the postal records, list of pending work required to be done etc., written arguments. This Commission has considered the same and on the basis thereof framed the following Points for determination.

                                                     Findings

6. As to the point No.1-                        In the present Complaint both the Complainants and the Opposite Parties have their address at Andheri (East) which is falling within the jurisdiction of this Commission.  Hence this Commission has jurisdiction to try and entertain the present complaint. The Complainants have produced the detailed quotation dated 21^st June, 2019 of a sum of Rs. 11,21,878.72 with the terms and conditions given by the Opposite Party no. 2 & 3 for carrying out interior work in their flat as also another quotation dated 6^th September, 2019 of a sum of Rs. 51,491.38 in respect of the services for door and master bedroom. The Complainants in support of their contentions also produced the bank statements viz of Bank of Baroda dated 19/11/2022 showing payments made to the Opposite Party no.1 of Rs 1,10,000/- on 21^st  June, 2019, Union Bank of India dated 19/11/2022 reflecting payment of Rs 5 lakh made on 09/09/2019,  HDFC Bank dated 01/10/2019 to 31/12/2019, reflecting payment of Rs 4 lakh made  on 11^th October, 2019 and Rs.1,63,370/- made on 11^th October 2019 totalling to Rs.11,73, 370/- paid to the Opposite Party no.1. This proves  that the Complainants have availed the service for the consideration, which was paid to the Opposite Party no 1, hence, they are the consumers and in consideration, of the said amount paid by the Complainants, the Opposite Parties have agreed to carry out the interior work for the Complainants hence, they are the service provider.

7. As to point numbers 2 and 3 -               As far as deficiency in service as claimed by the Complainants that the same has been committed by the Opposite Parties is concerned, from the terms and conditions annexed with the quotation dated 21^st  June, 2019 it is observed that, the said quotation stipulated that the delivery period is 75 to 85 days from the date of receipt of 50% cumulative payments. As far as paying the said amount by the Complainants are concerned, they have paid a sum of Rs. 1,10,000/- in June 2019, by a cheque, which was encashed by Opposite Party no. 1  on 21^st June, 2019 and Rs.5 lakh was paid by cheque on 9^th September, 2019, totalling them to Rs. 6,10,000/- which is the 50% of the cumulative amount was paid to the Opposite Party by the Complainants. Therefore, the Opposite Parties were under the obligation to complete the work undertaken by them for the Complainants within a period of 75 to 85 days as per the terms and conditions of the quotations dated 21^st June, 2019 and 6^th September 2019.  As far as quotation dated 6^th September, 2019 of Opposite Party of a sum of Rs. 51,491.38 is concerned, the amount mentioned therein has been received by the Opposite Party. However, the Opposite Party has not completed the said work within time as agreed under the terms and conditions of the quotation and thus committed deficiency in service.  The legal notices issued by the Complainants through their Advocate in this regard have not been replied or complied by the Opposite Parties. They have not rebutted the case of the Complainants too and thus  the Opposite Parties have admitted the case of the Complainants and it is proved that they have committed deficiency in service.

8.            The Complainants  through their Advocate’s legal notice dated 20/11/2019 and 30/12/2019 addressed to the Opposite Party interalia          informed that they were intending to allot  their existing flat on rent and to shift in the new flat, however since the Opposite Parties failed to complete the interior work, they requested the Opposite Party no. 1 to complete the work undertaken by them and pay them the rent as sought therein. The Complainants through their Advocate's another legal notice dated 11^th March 2020 given the details of incomplete work and called upon the Opposite Parties to complete the work, and pay the rent, however the Opposite Parties have not completed the said work.  Since the Opposite Parties have not completed the interior work of the Complainants, we observed that Opposite Parties  have committed deficiency in service and the Complainants are entitled for the reliefs of compensation.

9.              As far as granting entire relief of compensation to compensate  the Complainants is concerned, the Complainants have not produce any evidence showing the approximate cost, which they  might have / may have to incur for completing the said incomplete work in their flat.  Even they have not produced report or quotation of another carpenter or interior designer hence the Complainants are entitled to get reasonable compensation.  With regards to the relief of compensation, towards inconvenience and mental torture faced by them is concerned, the complainants are entitled for the reasonable compensation on account of deficiency in service committed by the Opposite Parties.

10.             The pleadings in the present Complaint are filed in English.  Hence the judgement is delivered in English language. The judgement is passed after discussion and  unanimously. Accordingly  we order that,

                                                                                        ORDER
1. The Complaint no. 83/2022 is partly allowed

2. It is declared that the Opposite Parties have committed and are guilty of deficiency in service.

3. The opposite parties are jointly and severely ordered and directed to pay a sum of Rs. 5,00,000/- (Rs. Five Lakh Only) to the Complainants within a period of 60 days from the date of this order failing which to pay interest @ 9% on the said amount  from the date of this order till the payment and / or realisation.

4. The Opposite parties are jointly and severely ordered and directed to pay a sum of Rs. 1,00,000/- (Rs. One Lakh Only)  towards the inconvenience / mental torture to the Complainants within a period of 60 days from the date of receipt of this order.

5.  Certified copy of this order be provided to the parties free of cost as per rules.

Date :-   28/02/2024

Place :-  Bandra – Mumbai.