Tamil Nadu

South Chennai

CC/40/2013

S.Manivanan - Complainant(s)

Versus

M/s. Vels Interior - Opp.Party(s)

Party in Person

05 Jul 2018

ORDER

                                                                        Date of Filing  : 06.02.2013

                                                                          Date of Order : 05.07.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.40 /2013

DATED THIS THURSDAY THE 05^TH DAY OF JULY 2018

                                 

S. Manivannan,

Flat No.B2, 2^nd Floor,

No.18/8, 1^st Street,

Kamaraj Nagar,

Annanedum Pathai,

Choolaimedu,

Chennai – 600 094.                                                .. Complainant.                                            

 

   ..Versus..

 

The Chief Executive Officer (CEO),

M/s. Vels Interiors,

No.13/7, 3^rd Cross Street,

Puliyur 2^nd Main Road,

Trustpuram,

Kodambakkam,

Chennai  - 600 024.                                          ..  Opposite party.

          

Counsel for complainant        :  M/s. C.V. Ramachandra Murthy &      

                                                   another

Counsel for Opposite party    :  M/s. B.L. Lavanya

 

ORDER

THIRU. M. MONY, PRESIDENT

        This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.40,000/- towards completing the pending works and to pay a sum of Rs.40,000/- towards compensation for mental agony to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that he engaged the opposite party to do the interior works of wardrobe, Pooja cupboard and kitchen shelf in his flat.  The opposite party also agreed to complete the work for a total sum of Rs.1,09,481/-.  The opposite party planned to complete the interior work in two phases. The complainant paid a sum of Rs.49,500/- on 04.12.2012 and Rs.44,000/- on 10.12.2012.  The complainant submits that the opposite party kept pending the following works:

1. Pooja self shutters design need to be modified.
2. Wardrobe and Pooja shelf locks need to be fixed.
3. Edge bonding needs to be fixed.
4. Shelf need to be fixed in Wardrobe.
5. Drawer and box handle need to be fixed.
6. Finishing plating fixed in the hole on Wardrobe door.
7. Dummy fixed wardrobe and Pooja door front side.
8. Fine tuning works.

Hence the complainant issued letters after letters to the opposite party and the opposite party has not come forward to settle the demands of the complainant.   Thereafter, the complaint is filed.

2.    The brief averments in the written version filed by the opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainant and opposite party had a contract with regard to the interior works.  Further the opposite party states that the complainant has not paid the entire amount as per the contract and is liable to pay a balance of Rs.7,948/-.   Further the opposite party states that as per clause 7 of the proposal dated:01.12.2012, “Designs and Dimensions are subject to change as per the site conditions”.   After filing the case, the opposite party rectified all the works to the satisfaction of the complainant.  Therefore, there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.   In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A12 marked.  Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.40,000/- towards completing the pending works as prayed for?

2. Whether the complainant is entitled to a sum of Rs.40,000/- towards compensation for mental agony with cost as prayed for?

5.     On point:-

The opposite party filed his written arguments.   The complainant has neither come forward to file written arguments nor to advance oral arguments.  Heard the opposite party’s Counsel.  Perused the records namely the complaint, written version, proof affidavits, documents etc.   Admittedly, the complainant engaged the opposite party to do the interior works of wardrobe, Pooja cupboard, kitchen shelf etc in his flat.  The opposite party also agreed to complete the work for a total sum of Rs.1,09,481/-.  The final proposal of Interior work for a sum of Rs.1,09,481/- is marked as Ex.A4.  It is also admitted that the work shall be completed in two phases.  The complainant paid a sum of Rs.49,500/- on 04.12.2012 as per Ex.A6 and Rs.44,000/- on 10.12.2012 as per Ex.A7 is not denied.  The contention of the complainant is that the opposite party kept pending the following works:

9. Pooja self shutters design need to be modified.
10. Wardrobe and Pooja shelf locks need to be fixed.
11. Edge bonding needs to be fixed.
12. Shelf need to be fixed in Wardrobe.
13. Drawer and box handle need to be fixed.
14. Finishing plating fixed in the hole on Wardrobe door.
15. Dummy fixed wardrobe and Pooja door front side.
16. Fine tuning works.

Even after, repeated requests and demands the opposite party turned deaf ears.   Hence the complainant  issued letters after letters as per Ex.A9 to Ex.A12.   After filing the case, the opposite party completed the work to the satisfaction of the complainant and the complainant also has not turned up to this Forum to press the contentions.

6.     The learned Counsel for the opposite party contended that admittedly, the complainant and opposite party had a contract with regard to the interior works.   It is also seen from the records filed by the complainant that, the complainant has not paid the entire amount as per the contract and kept a balance of Rs.7,948/-.   The allegation of pending works has not been proved by the complainant in the manner known to law.  Mere pleadings and letters shall not prove the deficiency in service.  It is also admitted by the complainant that as per clause 7 of the proposal designs and dimensions are subject to change as per the site condition.    However, after filing the case, the opposite party rectified all the works to the satisfaction of the complainant was not denied. Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day of July 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	28.11.2012	Copy of receipt for the advance amount of Rs.10,000/- by the opposite party
Ex.A2	29.11.2012	Copy of email for final proposal design diagram confirmation
Ex.A3	03.12.2012	Copy of email for final proposal agreed terms and conditions confirmation
Ex.A4	04.12.2012	Copy of final proposal for interior work execution at the cost of Rs.1,09,481/- by the opposite party
Ex.A5	30.11.2012	Copy of email for CADD design diagram sent by the opposite party
Ex.A6	04.12.2012	Copy of receipt for the advance amount of Rs.49,500/- by the opposite party
Ex.A7	10.12.2012	Copy of receipt for the advance amount of Rs.44,000/- by the opposite party
Ex.A8	Dec 2012 & Jan 2013	Copy of Mobile Bill for the month of December 2012 and January 2013
Ex.A9	03.01.2012 & 07.01.2012	Copy of email for requesting to complete the pending work
Ex.A10	08.01.2013	Copy of letter for requesting to complete the pending work
Ex.A11	15.01.2013	Copy of letter for requesting to complete the pending work
Ex.A12		Copies of complaints by other customers of the opposite party posted in the website

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT