FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN,MEMBER
This is an application U/S..35 of the C.P. Act, 2019.
The case of the complainant, in brief; is that the complainant Mr Subhajit Ghosh was desirous of redesigning the interiors of purchased flat named “Dream House” having measurement 1272 Sq.ft which is situated at Devoloke Sonar City,Block-3 flat-9C,9th Floor,Shimultala,Sonarpur Station Road,Mission Pally,Rajpur-Sonarpur,West Bengal.The complainant visited the office of the OP to know the details of the interior decoration of the flat consisting of Kitchen,dinning hall,3bed rooms etc.The OP provided the estimated amount of Rs,6,22,701.65/.The complainant satisfied with the given assurance of the OP and their quality,standared and service.The complainant paid Rs,4,05,000/ out of total consideration amount of Rs,6,22,701.65/.on different dates.
On 05.11.2022………….Rs,25,000
On 17.02.2023………….Rs,2,00,000
On 29.03.2023………….Rs,25,000
On 31.03.2023…………Rs,1,40,000
On 31.03.2023…………Rs,15,000
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Total……………. Rs,4,05,000/
The complainant has paid the amount of Rs,4,05,000/.It was also mentioned in the quotation that delivery of service guaranty will be completed with 45 days from the full order confirmation date.
After completion of the stipulated period as agreed upon, OP did not take any step to start the work.The complainant repeatedly requested the OP to start and complete the work of decoration,but OP only assured verbally.Only measurement of the work taken. The complainant had sent a legal notice due to unsatisfactory services on 22.05.2023 and asked for full refund of the advance amount.There were several mails sent by the complainant to the OP regarding completion of work but OP company did not pay attention to redress the grievances of the complainant.There is deficiency in service and unfair trade practice on the part of the OP company. Finding no other alternative, complainant filed the instant consumer case praying for direction upon the OP to refund the deposited advance amount of Rs,4,05,000/ with interest and compensation for harassment of Rs,2,00,000 and litigation cost of Rs,20,000/.
Despite service of notice, the OP did not turn up to contest the case.
As such, the case has proceeded ex parte against the OP.
Points for Determination
1) Whether the OP is deficient in rendering proper service to the Complainant?
2) Whether the OP has indulged in unfair trade practice
3) Whether the complainant is entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 2 :-
The above mentioned points are taken up together for the sake of convenience and brevity in discussion.
We have travelled over the documents placed on record.. The case has been proceeded ex-parte against OP .Upon perusal of the consumer complaint coupled with evidence of the complaint including photocopies of the documents,communication details we find that the complainant engaged the OP for better service of quality finishing of work. OP company failed to discharge their contractual obligations regarding the work ordered by the complainant.
The OP is fully aware that they are liable to refund the . Complainant’s hard earned money. The OP deliberately make their illegal gains and to deprive the complainant from providing quality work and materials for they have assigned and the complainant expected.Thus, the OP has adopted unfair trade practice, and in fact, withhold the paid amount of Rs.4,05,000.The OP has opted not to file written Version despite of service of notice of complaint, the above allegations of the complaint is deemed to have been admitted as correct. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs. 4,05,000/- the OP has failed to refund the paid amount for which the complainant is claiming. In absence of any explanation for failure to comply with the stipulation of refund of amount, we have no hesitation in concluding that the OP has committed deficiency in service and also has indulged in unfair trade practice.
The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainant has paid Rs,4,05,000 /- to the OP for the service for redesigning the apartment mentioned and hence they asked for refund of the full paid money due to disappointed with the services of the OP . The OP failed and neglected to refund the money since March 2023, to the complainant and the act and conduct of the OP company is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not engaged the company and paid his money with the OP, he would have engaged some other company for better designing and quality work.. The complainant cannot be wait indefinitely to get the paid amount. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle.In these circumstances the complainant is entitled to get compensation.
In the result, the case succeeds in part.
Hence,
Ordered
That the complaint case be and the same is allowed in part ex parte against the OP company.
1.OP is directed to refund the advance amount of Rs Rs,4,05,000/, (Rupees Four Lakh Five Thousand)only
2.OP is further directed to pay Rs,50,000 (Rupees Fifty Thousand) only as compensation for causing mental agony, pain and harassment to the complainant with a litigation cost of Rs,10,000/-.within 45 days from the date of the order.
Complainant put the order in execution, if the OP transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.
