Smt. K.P. Padmasree (Member – I):
Complainant Dr. Sunil Agarwal, Ashirvad, Thiruvalla filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the complaint is as follows: Complainant is a doctor practising at Parumala St. Gregorios Hospital. Opposite party is conducting a business in the name and style ‘Style Spa Kitchen’ at Cochin. On 21st December 2013 complainant placed an order for Modular Kitchen and Kitchen accessories from the opposite party to be installed in his newly constructed house at Thiruvalla. An advance amount of Rs.2,25,000/- was paid. At that time, the opposite party promised to install the Modular Kitchen within 15 days from the date of advance. Thereafter, opposite party partly installed the modular kitchen on 25.01.2014 and assured that the rest will be done soon. On 28th February 2014 the opposite party took back the initially installed modular kitchen and replaced with another one. On that day complainant paid an additional amount of Rs.1,40,000/- to the opposite party through a cheque. As some work was still pending, opposite party told the complainant to pay the rest amount when the remaining works get completed. The 3rd stage of installation was done on 12.07.2014 and the opposite party installed some of the kitchen accessories on that day. In the mean time, three shutters of the installed part got bend and two of earlier provided kitchen accessories were malfunctioning and they were within the warranty period. Complainant showed the defects to the opposite party and he promised to get them replaced very soon. Complainant paid another Rs.50,000/- for the materials on 12.07.2014 and kept around Rs.40,000/- as outstanding balance and agreed that the said amount can be paid when the damaged items are replaced. Even after a period of 18 months has elapsed the work has not been completed despite multiple requests. Opposite party is purposely not taking the phone calls of the complainant and not answering to the e.mails. Opposite party is purposefully delaying the work and not showing any intention to replace the shutters and damaged accessories. The above said act of the opposite party is a clear deficiency in service to the complainant for which they are liable to the complainant. Hence this complaint for getting compensation of Rs. 8 lakhs along with cost.
3. In this case opposite party is set exparte.
4. On the basis of the pleadings in the complaint the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral deposition of the complainant as PW1 and Ext.A1, A2 and Ext.C1 series. After closure of evidence, complainant was heard.
6. The Point:- Complainant’s allegation against the opposite party is that he had entrusted Modular kitchen work to the opposite party on 21.12.2013 and advance amount of Rs.2,25,000/- paid. Complainant paid total amount except Rs.40,000/- as per the agreement outstanding amount is Rs.40,000/-. But the opposite party not completed the work within time, and they used substandard materials for the work. Even after 18 months elapsed opposite party not completed the work or replaced the damaged items. The above said act of the opposite party is a clear deficiency in service and hence opposite party is liable to the complainant for the same.
7. In order to prove the case of the complainant, complainant filed proof affidavit along with two documents. As per the complainant’s application, Forum appointed two commissioners for ascertaining the work and their report marked as Ext.C1 series. On the basis of the proof affidavit, complainant was examined as PW1 and the documents produced were marked as Ext.A1 and A2. Commission reports were marked as Ext.C1 series. Ext.A1 is the quotation issued by the opposite party to the complainant dated 21.12.2013. Ext.A2 is the scope of work issued by the complainant to the opposite party dated 21.12.2013. Ext.C1 series are the commissioners’ report dated 08.12.2015 and 04.07.2015.
8. On a perusal of Ext.A1 and A2, we can see that complainant entrusted the work to the opposite party for an amount of Rs.3,25,000/-. In the affidavit he stated that he had paid almost all amount and outstanding balance is only Rs.40,000/-. Regarding the complainant conclusive evidence before us is the commission report. In his report commissioner clearly stated that Modular Kitchen installed by the opposite party in the residence of the complainant is defective and of inferior quality. The approximate cost he calculated is Rs.3,05,200/-.
9. Since opposite party is set exparte, we find no reason to disbelieve the complainant’s allegation. Therefore, complainant’s case stands proved as unchallenged. Hence we find that opposite party is liable to the complainant for their gross deficiency of service. Therefore, this complaint is allowed as follow.
10. In the result, opposite party is directed to return an amount of Rs. 3 lakhs (Rupees Three Lakhs only) to the complainant along with cost and compensation of Rs.50,000/- (Rupees Fifty Thousand only) within 15 days from the receipt of the order, failing which complainant is allowed to realise the amount ordered herein above with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 31st day of March, 2016.
(Sd/-)
K.P. Padmasree,
(Member – I)
Sri. P. Satheesh Chandran Nair (President) : (Sd/-)
Smt. Sheela Jacob (Member – II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Dr. Sunil Agarwal
Exhibits marked on the side of the complainant:
A1 : Quotation issued by the opposite party to the complainant
dated 21.12.2013.
A2 : Scope of work issued by the complainant to the opposite party
dated 21.12.2013
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
Court Exhibits:
C1 series : Commission Report
(By Order)
Copy to:- (1) Dr. Sunil Agarwal, Ashirvad, Sushila Sadan,
Madommukku. P.O., Kuttappuzha,
Thiruvalla – 689 103.
(2) Mr. Prem Kumar, The Branch Manager, Style Spa Kitchen,
Fortune Arcade, Padivattom.P.O., Cochin.
(3) The Stock File.
