Chandigarh

DF-II

CC/826/2022

NARESHJIT SINGH ANAND - Complainant(s)

Versus

PARVEEN KUMAR CEO CLASSIC KITCHEN - Opp.Party(s)

15 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	826/2022
Date of Institution	:	21.12.2022
Date of Decision	:	15.11.2023

 

                     

            

 

Nareshjit Singh Anand, # 3200, GF, Sector 44-D, Chandigarh.

                 ...  Complainant.

Versus

Parveen Kumar, CEO Classic Kitchen, Village Singpura, P.O. Dayalpur, Tehsil Dera Bassi, District SAS Nagar (Punjab).

 

…. Opposite Party.

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Complainant in person. OP exparte.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint pleading therein that he availed the services of the OP for making the modular kitchen at his residence. It was settled between the parties that the OP will charge Rs.700/- per sq. feet to complete the modular kitchen. The OP alleged to have received Rs.50,000/- on 28^th September, Rs.50,000/- on 1^st October, Rs.30,000/- on 10^th October, Rs.40,000/- on 11^th  October and Rs.33,000/- on 17^th October, totaling Rs.2,03,000/. After completion of the work, the OP issued the bill in the sum of Rs.49,560/- instead of Rs.2,03,000/-.     It has been alleged that the OP has thus received the excess amount of Rs.1,53,440/- from him. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OP to refund excess amount of Rs.1,53,440/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     Despite due service through registered post, the OP failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte.
3.     The complainant filed his affidavit and documents in support of the case.
4.     We have heard the complainant in person and have gone through the documents on record.
5.     The only issue involved in the present case is whether the complainant is entitled to the refund of the alleged excess amount from the OP or not?
6.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following facts and circumstances of the case:-
7.     However, the complainant has alleged that he had paid the amount of Rs.2,03,000/- to the OP through different cheques as mentioned in para 3 of the complaint but he has neither placed on record the photocopies of the aforesaid cheques or the statement of accounts to prove the alleged payments to the OP. However, the complainant is successful in placing on record a copy of the guarantee letter (Annexure C-2) issued by the OP wherein the guarantee of seven years for the said modular kitchen has been provided to the complainant. In this guarantee letter (Annexure C-2), the OP has mentioned that the said modular kitchen costed to the complainant for Rs.1,20,000/- meaning thereby that the OP had received Rs.1,20,000/- from the complainant instead of Rs.2,03,000/-  as mentioned in the complaint but the OP had issued the tax invoice of Rs.49,560/- only. Annexure C-1 is a tax invoice which proves that the OP had charged Rs.42,000/- @ Rs.700/- per sq. feet (60 sq. ft. x Rs.700/-) for the said modular kitchen area besides Rs.7,560/- towards GST, totaling Rs.49,560/-.  Hence, the OP is liable to refund the excess amount of Rs.70,440/- (i.e. Rs.1,20,000/- minus Rs.49,560/-) and not the amount as claimed in the complaint.
8.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OP is directed to refund the excess amount of Rs.70,440/- to the complainant along with interest @ 9% p.a. from the date of invoice dated 14.10.2022 till the date of its actual realization.
9.     This order be complied with by the OP jointly and severally, within 90 days from the date of receipt of its certified copy.
10.     The pending application(s) if any, stands disposed of accordingly.
11.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 15/11/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER