Tamil Nadu

North Chennai

CC/108/2015

M/s.R.Chandrasekaran - Complainant(s)

Versus

M/s.R.Prabhakaran - Opp.Party(s)

Party in Person

13 Jan 2016

ORDER

 

                                                              Complaint presented on  :  13.05.2015

                                                                 Order pronounced on  :  13.01.2016

 

   DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

       2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

    PRESENT: THIRU.S.PANDIAN, B.Sc., LL.M.,         : PRESIDENT(IC)

                    TMT.T.KALAIYARASI, B.A.B.L.,            : MEMBER II

 

WEDNESDAY THE  13^th   DAY OF JANUARY 2016

 

C.C.NO.108/2015

 

R.Chandrasekaran,

9/25 Raghavendra Colony,

Chinmayanagar,

Virugambakkam,

Chennai 600 092.

Ph:9445283987 (rajasara@yahoo.com)

                                                                                               ..... Complainant

 

..Vs..

	Mr.R.Prabhakaran, Aamphaa Showroom, Home Decors & Kitchen Appliances, No.63/190, KPK Complex, 100 Feet Road, Jawaharlal Nehru Road, Arumbakkam, Chennai – 600 106. Phone: 044 – 43585699.
	...Opposite Party

Date of complaint                                  16.07.2015

Counsel for Complainant                      :Party in Person

Counsel for Opposite Party                   : Ex- parte      

 

O R D E R

 

BY PRESIDENT THIRU. S.PANDIAN  B.SC., LL.M.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant engaged Aamphaa Showroom being the Opposite Party  to install Modular kitchen and wardrobe for bedroom in his newly constructed home on negotiations with terms and conditions. Then the estimation for executing the work at a cost of Rs.3, 30,000/- was given by the Opposite Party on 20-24/11/2014. The Complainant has given the 50% of the contract value of Rs.1, 65,000/- as an advance payment.

          2.The designs sent by the Opposite Party  were approved by the Complainant on 03.12.2014 and thereafter the Opposite Party was asked to start work after incorporating from charges. Therefore the revised estimate was forwarded by the Opposite Party to the Complainant on 06.12.2014 for Rs.3,16,607.50/-. After receipt box materials on 18.12.2014 the second payment of Rs.90,000/- was paid as per terms of the contract. At the time of receipt of materials, the Complainant had found some defects in the materials concerned and immediately shown to the Opposite Party who in turn said such issue would be thoroughly taken care of while fixing doors during the final stage.

          3.As  per the terms of contract as mutually agreed, the interior works  should have been completed by the end of December 2014.  However, the Opposite Party delayed the whole process and took their own time while working to their own schedule. Since the delay caused by the Opposite Party, the Complainant had postponed their shifting to December 31, 2014 instead of  15.12.2014 which already planned. Even then the work was not completed fully and further delay caused by the Opposite Party, the Complainant had no other alternate than to shift to the new house without completion of the interior work.

          4.Even though the Complainant readily agreed for making the payment promptly whenever requested by the Opposite Party as per terms, the Opposite Party  delayed the completion of the work. The Opposite Party had himself stated in his e-mail that he would collect the balance amount of Rs.10,000/- as final settlement after completing the whole work. At the same time, the Opposite Party never attempted to complete the pending jobs and to submit final invoice with actual dimensions.

          5. The Complainant categorically made clear that unless the Opposite Party acknowledged the third payment as well as submission of final invoice with actual measurements, he would not allow anyone to work on defects as the Complainant suspected the Opposite Party could end up manipulating the invoice amount. After persistent and strict follow up the Opposite Party confirming the third payment on 28.04.2015.

          6. Then the Complainant took actual final measurement after submitting the final invoice by the Opposite Party, it became very obvious that the Opposite Party had already received excess payment for Rs.10,000/- and therefore there is no need of any additional payment as demanded by the Opposite Party.  In view of the over-payment already made, the Complainant then gave an ultimatum of May 8, 2015 to set right the invoices as well as  to undertake the pending work and complete them as he would be out of the country from May 13^th. There was no response from the Opposite Party on the allegations on willful act of irregularity made in invoice amount.

          7. The Opposite Party has recovered 100% payment from the Complainant even before proper completion of work and continuous to demand additional payment more than what is due to him. The Opposite Party has acted against the terms and condition of the contract and thereby caused mental agony to the Complainant due to the Deficiency in Service and unfair trade practice and the same has to be compensated by the Opposite Party. Hence this Complaint.

          8. In spite of notice served to the Opposite Party, he has not come forward to appear before this Forum and proceed further. Hence he was set Ex parte.

          9. In order to prove the case of the Complainant, the proof affidavit submitted by him as his evidence. Ex.A1 to A11 marked on the side of the Complainant.

10. At this juncture the point for consideration before this Forum is ,

          1.Whether there is  any deficiency in service  and unfair trade practice  as alleged on the part of the Opposite Party?

          2.Whether the complainant is entitled to any relief? If so to what relief?

11.The written arguments filed by the complainant: In addition to that oral arguments adduced by the Complainant.

          12.Though the Opposite Party remained Ex-parte, this Forum wants  to dispose this Complaint purely  on merits with available records.

 

 

13.POINT:1

          Regarding this point, on careful perusal of the proof affidavit, it is seen that the Complainant engaged the Opposite Party to install modular Kitchen and wood robes for bedrooms in his newly constructed home and for which after few rounds of negotiations and modifications the estimation (Ex.A4) placed by the Opposite Party to the turn of Rs.3,30,000/-  with 50% of the contract value of Rs.1,65,000/- as an advance payment. The said payment receipt is marked as Ex.A1. It is further noticed that  the payment receipt of Rs.90,000/- being 35% as per terms of contract  for payment by the Complainant is marked as Ex.A2.

          14. Further, it is learnt from the proof affidavit that the Opposite Party has sent an e-mail requesting the payment of 15% of Rs.60,000/- as final for paying a customer and as goodwill gesture, the Complainant readily gave a cheque for sum of Rs.50,000/- is marked Ex.A3  even though the work was still pending to be done.  The revised estimation dated 22.11.2014 , 24.11.2014 and 06.12.2014 were forwarded  by the Opposite Party during the time of approved the designs by the Complainant. The revised estimation are marked as Ex.A5 to A7  respectively. While so, the final invoice dated 28.04.2015 sent by the Opposite Party  is marked as Ex.A8. Thereafter, the Complainant prepared the chart comparing last few invoices and then took actual final measurements, it is noticed that  the Opposite Party had already received excess payment to the extent of Rs.10,000/-. The said chart is marked as Ex.A9.

          15. On further perusal of the evidence, it is narrating that  the Complainant had sent e-mail to the Opposite Party for giving an ultimatum of May 08,2015 to  complete of work which is marked as Ex.A10. Furthermore, it is stated in the proof affidavit that the Complainant has  found out some defects as clearly mentioned in the Complaint. In this regard the photos were taken by the Complainant which is marked as Ex.A11 series. In spite of several request and intimation to the Opposite Party, he has failed to fulfill the terms and condition of the contract made with the Complainant and thereby the Opposite Party committed the Deficiency in Service  and also unfair trade practice.

          16. From the foregoing among other facts and circumstances, it is crystal clear that the Complainant has proved his Complaint by means of relevant  and consistent evidence. Moreover, the Opposite Party did not turn up before this Forum to rebut the above said evidence and therefore this Forum can easily  be drawn an adverse inference against the Opposite Party. Hence this Forum without any hesitation to conclude that the Opposite Party has committed the Deficiency in Service and unfair trade practice and thereby caused mental agony to the Complainant . Thus point no.1 is answered accordingly.

17.POINT:2

          As per the conclusion arrived in point no.1, the Complainant is only entitled for the refund of excess amount  of Rs.10,000/- from the Opposite Party as prayed for and for reasonable compensation in total towards Deficiency in Service  and unfair trade practice with cost and answered accordingly.

          In the result, the Complaint is allowed in part. Accordingly, the Opposite Party  is directed to refund the excess amount of  Rs.10,000/- (Rupees ten thousand only) and the compensation of Rs.10,000/- (Rupees ten thousand only) in total for causing mental agony to the Complainant due to the Deficiency in Service and unfair trade practice on the part Opposite Party with cost of Rs.3,000/- (Rupees three thousand only).

The above amounts shall be payable to the complainant within 6 weeks from the date of receipt of the copy of this order, failing which, the amounts shall carry 9%  interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 13^th  day of January 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex. A1 dated 22.11.2014                  Payment Receipt – 1 (50%-Rs.165000)

Ex.A2 dated 18.12.2014                   Payment Receipt – 2 (35%-Rs.90000)

Ex.A3 dated 27.01.2015                   Payment Receipt – 3(15%-Rs.50000)

Ex.A4 dated 17.11.2014                   Estimation - 001

Ex.A5 dated 22.11.2014         Revised Estimation – 002

Ex.A6 dated 24.11.2014                   Revised Estimation – 004(Base)

Ex.A7 dated 06.12.2014                   Revised Estimation part – 001

Ex.A8 dated 28.04.2015                   Final Invoice

Ex.A9 dated 30.04.2015                   Actual Area Worksheet & Invoice

                                                Comparison Chart

 

Ex.A10 dated 30.04.2015                 E-mail to Aamphaa for completing work

 

Ex.A11(s) dated NIL                         Photos of installations & defects

 

 

MEMBER – II                                                               PRESIDENT