Dated : 22 Mar 2023

 HON’BLE SUDIP NIYOGI     PRESIDENT

FACTS

            The case of the Complainant in short is that: -

            The complainant had entered into an agreement with the OPs through their sales person Tanoy Roy Chowdhury (OP No.2) to complete painting of his new apartment at 93, Narkeldanga, Main Road, Kolkata – 700054, for a consideration of Rs.40,000/-. Complainant made payment on different dates, amounting to Rs.35,500/- in total. But, the painting services rendered by the OPs was of poor quality through use of sub-par contractors and labourers and failed to deliver the work as promised. There was a delay of 39 days in total which had domino effect on his other works such as carpentry, electricity and polish. The base preparation work including first coat of primer was to start from 25.11.2021 and to be finished within 8 to 10 days. But that was actually completed on 31.12.2021. There was also apathy on the part of the OPs which had a tremendous mental stress and inconvenience to him. During work the costly marble slab costing to R.3,000/- was also broken and OPs agreed to bear the cost of such marble.  During first coat of paint, a few minor areas were missed and Complainant asked them to finish the said minor work. But despite repeated request by him and correspondences between the parties, that was not done. Ultimately, on being disgusted complainant terminated the contract with the OPs on 02.05.2022 and asked for refund of the amount paid by him. Thereafter he got the remaining work completed by another vendor by paying further cost.

            So, complainant filed this complaint before this Commission praying for refund the entire amount of Rs.35,500/- which he paid along with Rs.3,000/- for broken marble slab and Rs.43,500/- as compensation for the hiring cost of another painter to complete the remaining work.

            OPs did not contest the case despite service of notice upon them.

POINT FOR CONSIDERATION

Whether the Complainant is entitled to the relief(s) as prayed for?

                                                                                       FINDINGS

Complainant adduced evidence besides filing a written argument on his behalf. He also filed several documents.

From the documents it is found that an agreement was made between the Complainant and the OPs for painting services in the flat of the Complainant on 18.11.2021. The said agreement is also termed as estimate where the consideration for the work was shown Rs.40,000/-. It also includes certain terms and conditions including making payment and stages thereof. Complainant also filed documents showing payment at different dates of Rs.35,500/- in total. Apart from this, there are papers showing series of correspondence on WhatsApp etc. between the parties. According to the Complainant, the painting work at his flat was in conjunction with other works being done such as carpentry, polishing and electric work and delay in painting work had domino effect on other works and he also highlighted the same verbally, while getting into the agreement. He alleged that OPs gave him false assurances regarding completion of the work on time, but they never kept their promise. As a result, he suffered immense mental agony. Not only that, he was ultimately at one stage, compelled to terminate the contract on 02.05.2022. He got the remaining job completed by another vendor by incurring additional expenses. He was also not satisfied with the quality of work as it was below the normal standard. So, he filed this complaint before this Commission seeking relief(s) as stated in his complaint.

In his written argument, Complainant claimed about 60% to 70% job was completed by the OPs, but he did not claim that in his petition of complaint, nor in his evidence. He could not produce any document whatsoever to establish the amount of remaining work. However, he claimed Rs.43,500/- to compensate for the cost of hiring another painter to complete the remaining work. But not a single scrap of paper being produced by him in this regard

If we go through the estimate / agreement vis-à-vis, the list of dates and events attached with the petition of complaint, we will find that as per payment schedule in the estimate dated 18.11.2021 - (a) 45% would be paid as advanced along with order confirmation; (b) 50% after completion of first coat of paint and (c) 05% after completion of job and quality check. So, as per the payment stages 95% of the consideration would be paid after the first coat of paint. The list of dates and events revealed the actual painting work was started on 12.12.2021 and the first coat of paint was completed on 12.02.2022, though a few areas were there allegedly left unpainted during such first coat and OPs assured the same to be completed which would require only one hour.

So, as per payment schedule, 95% payment would be completed after the first coat i.e. Rs.38,000/- and the amount of work remains worth 5% of the total consideration i.e.Rs.2,000/-.

Here, we find admittedly the Complainant paid Rs.35,500/- instead of 38,000/- which falls short of Rs.2,500/-. So, how the Complainant can claim the entire amount of money he paid to the OPs be refunded even after taking into consideration of his alleged mental agony?

Be it noted here, Complainant did not produce any evidence barring his words of mouth as to the marble alleged to have been broken by the OPs and the price thereof. No evidence is also there as to his alleged poor quality of work done by them.

So, considering all these, in the facts and circumstances of the case, we are not going to pass any order of refund of any money from the OPs.

However, it is quite clear that the OPs ultimately not only left the job unfinished at a later stage but even did not keep their promises and assurances given on repeated requests of the Complainant thereby compelling him to complete the work by another vendor.

So, we think the Complainant is entitled to get compensation and the cost of litigation in this case. In our opinion, an amount of compensation of Rs.10,000/- and Rs.2,000/- as cost of litigation would serve the ends of justice.

Accordingly it is,

                                                                                              ORDERED

That the instant case is allowed ex parte against the opposite parties.

Both the opposite parties being jointly and severally liable, are directed to pay Rs.10,000/-(Rupees Ten Thousand Only) towards compensation and Rs.2,000/-(Rupees Two Thousand Only) for cost of litigation to the Complainant within a period of 45 days from the date of this order failing which Complainant shall be at liberty to realize the same in accordance with law.

Dictated and corrected by me

                       President