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

booked  Modular Kitchen,Modular Wardrobe and Modular TV Unit from “Ultrafresh Modular Solution Ltd.”on 04.07.2022 and accordingly he paid the booking amount of Rs,1,75,000/(Rupees One lakh Seventy Thousand)Only vide cheque No.748199 (SBI) dated 01.07.2022 as 50% of the total order value of Rs,3,75,000/.The order was confirmed through WhatsAap and measurement of

the site taken for the mentioned items a)Kitchen-July/East3/DN/246N/PS dated 04.07.2022 b) Wardrobe July/East3/DN/247N/PS dated 05.07.2022 c) TV Unit-Mega 2P Chosen from their standard catalogue also included the RO unit.After finalization of the design  the executive of the farm Mr Sutupa  of the OP suddenly stopped communicating .When the Complainant with his wife visited the Kolkata office of the OP on 10.09.2022 and asked for cancellation of the order ,they refused to do so and told that the order has been already processed and could not be cancelled.The complainant sated that on 19.09.2022 another executive committed to resolve all the concern of the complainant and accordingly the the OP was asked to revise the requirement as per earlier order of the Wardrobe and kitchen including RO Unit.After finalizing the drawing the final payment of rest of the amount of Rs,1,75,000/(Rupees One Lakh Seventy Five Thousand) only was made vide cheque No 748200 (SBI) dated 29.09.2022.The complainant had been continuously asking for the final order documents and invoice but the OP informed that it will be send along with items.The items were delivered on 28.11.2022 but certain items wrere missing after opening the boxes a)Item U 303 (loft) for wardrobe b) Item U 202 (RO Unit) for kitchen.The complainant immediately contacted one of the representative Mr. Barun regarding the delivery of missing items but grievance of the complainant not resolved.The complainant contacted another representative but after one week when the complainant did not receive any satisfactory reply then the complainant contacted with the OP’s corporate office in Pune and found that the order was placed only for Modular kitchen and Wardrobe, TV unit was not included,and in the final order the missing items were not included.The complainant contacted several times with the OP but till date no resolution took place and the grievance not redressed by the OP at all.The complainant intimated  the OP by telephonic  conversation and by e-mails and by the legal notice through Ld.Advocate in order to solve the said issue but the OP did not pay heed the issue.The complainant further stated that there was negligence of service,unfair trade practice in order to dupe the hard earned money of the complainant.The cause of action arose on 11/02/2023 upon non performance of the OP.The complainant prayed before the commission to pass necessary order for refund of the Rs,3,50,000/-,a compensation of RS,5,00,000/- for the mental harassment and agony and litigation cost of Rs,10,000/-.

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

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OPs are deficient in rendering proper service to the complainant?
2)   Whether the OPs have indulged in unfair trade practice?

3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

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 company 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 company 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 missing 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.3.75,000/-.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. 3,75,000/- the OP company 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 company 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.3,75,000 /- to the OP company and placed order to to purchase Modular kitchen,Modular wardrobe and Modular TV unit for redesigning the house mentioned and hence they asked for refund of the full paid money due to disappointed with the services of the OP company. The OP company failed and neglected to refund the money since 29.09.2022, 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.

Hence,

                                     Ordered

That the complaint case be and the same is allowed  ex parte against the OP company.

OP company is directed to pay Rs. 1 Lakh 50 thousand- (Rupees One lakh fifty thousand) only as compensation for causing mental agony, pain and harassment and Rs 5000/-as litigation cost to the complainant within the stipulated period.

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.