Dt. of filing -  03/09/2019

Dt. of Judgement – 11/12/2020

Mrs. Sashi Kala Basu, Hon’ble President

        This consumer complaint is filed by the Complainant namely Mrs. Nupur Kundu under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties 1) Rajani & CO and 2) Godrej & Boyce Mfg. CO LTD alleging deficiency in service on their part.

          Case of the Complainant in short is that Opposite Party No.1 is an authorised dealer of Godrej products manufactured and supplied by the Opposite Party No.2. Complainant booked a Godrej Interio modular kitchen cabinet and paid a sum of Rs.500/- as booking amount on 5/1/2018 to the Opposite Party No.1. Thereafter she paid Rs.10,000/-, Rs.75,000/- and lastly Rs.84,000/- and thus she paid total sum of Rs. 1,70,000/- as per terms of business enumerated in the quotation/final bill dated 6/1/2018. The work of installation of kitchen cabinet was to be completed within 8 to 10 weeks from the date of receipt of confirmed order. But the Opposite Party No.1 after expiry of 7 months from the date of placing of order delivered incomplete material on 29/8/2018 by a delivery challan. Even after delivery of incomplete material, Opposite Party did not take any step to install the cabinet. Thus a notice was sent by the Complainant through her Ld. Advocate dated 29/10/2018. Opposite Party even though replied to the said notice but the work was not done. So Complainant was compelled to get the work done through a different company. Hence the present complaint praying to direct the Opposite Party to refund the amount of Rs.1,70,000/- along with interest @12% p.a., to pay sum of Rs.1,00,000/- as compensation for harassment and litigation cost of Rs.50,000/-.

          Complainant has annexed with the complaint, copy of the money receipts issued by the Opposite Party No.1, the quotation/final bill dated 6/1/2018, and delivery challan dated 29/8/2018. She has also filed notices sent by the Complainant, replies by the Opposite Party and e-mails sent.

          On perusal of the record it appears that notice were sent to the Opposite Parties but inspite of its service, no step was taken by the Opposite Parties. So vide order dated 4/12/2019 the case was directed to be proceeded ex-parte.

Decision with reason

          Both the points are taken up together for a comprehensive discussion. It is claimed by the Complainant that she placed order for Modular Kitchen Cabinet for her kitchen from the Opposite Party and as per the quotation, she paid Rs.1,70,000/- to the Opposite Party No. 1. As per terms of the quotation, Opposite Party was to install the Kitchen Cabinet within 8 to 10 weeks from the date of confirmation of order but Opposite Party failed to abide by the terms of business.

          Complainant in order to substantiate her claim, has filed the quotation/final bill dated 6/1/2018 and the four money receipts showing payment of Rs.1,70,000/- as estimated. It is evident from the invoice/final bill consisting of terms and condition that Opposite Party had to deliver the product within 8 to 10 weeks from the receipt of confirmed order. It could be reduced to 2 to 3 weeks depending upon the availability of the stocks. So as per the terms of the said quotation/final bill, maximum period Opposite Party could take for delivery of the product was 8 weeks. Period could be less but it could not be extended beyond 8 weeks. But it is apparent from the challan issued by the Opposite Party No.1 dated 29/08/2018 that Kitchen Cabinet in 10 pack were delivered on 29/08/2018 which is nearly 8 months after the booking and 05 months from the last payment by the Complainant. As per the receipts filed by the Complainant, she paid Rs.500/- on 5/1/2018, Rs.10,000/- on 6/1/2018, Rs.75,000/- on 11/1/2018 and Rs.84,500/- on 26/3/2018. So not only the order was confirmed by the Complainant but entire payment was made by her within 26/3/2018. As per the terms, Opposite Party was to deliver the Cabinet within mid June even if 8 week is counted from the date of last payment but the Opposite Party did not do so.

          It is further evident from mail dt.30/9/2018 that even after delivery of 10 pack as stated in challan  dt.29/8/2018, no step was taken by the Opposite Party to start the work of installation and Complainant had to send mail to the Opposite Party reminding that work of installation of Kitchen Cabinet was not started. There is no material before this Commission that any work of installation was done by the Opposite Party at any time thereafter. On the contrary the claim of the Complainant that no work was done even after delivery is strengthened from the mail sent by the Opposite Party dt.12/3/2019. Though Opposite Party in the said mail has stated that they could not connect with the Complainant and the site was not opened when the team visited but same seems to be afterthought. It is strange that as per terms of the final quotation, work was to be done within 8 weeks but Opposite Party waited to connect with the Complainant till March, 2019 which is apparently done only after the legal notice was sent by the Complainant. So we find that there has been deficiency in service on the part of the Opposite Parties and thus the Complainant is entitled to refund of the sum paid by her especially when no contrary material is forthcoming before this Commission to rebut or counter the claim of the Complainant. Complainant is also entitled to the compensation in the form of interest on the said sum of Rs.1,70,000/-.

Hence,

                      ORDERED

CC/469/2019 is allowed ex-parte. Opposite Parties are directed to refund Rs.1,70,000/- to the Complainant along with interest on the said sum @ 9% p.a from 26/3/2018 to till this date within two months from this date in default the sum shall carry interest @ 9% p.a till realisation. Complainant shall return all the materials of Kitchen Cabinet delivered by Opposite Party, to the Opposite Party, on payment of sum as directed. Opposite Parties to pick up the same from the site.

          Opposite Parties are further directed to pay litigation cost of Rs.10,000/- to the Complainant within the above mentioned period of two months.