Punjab

Rupnagar

CC/17/32

Ashok Chadha - Complainant(s)

Versus

The Kitchen Makers Through its Proprietor Sh. Rupak Setia - Opp.Party(s)

Sh. Kamal Singh,Adv

21 Aug 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM,       ROPAR

                                 Consumer Complaint No. :  32 of 22.05.2017

                                 Date of decision                    :      21.08.2017

 

Ashok Chadha,  son of Chuni Lal Chadha, resident of SCF No.112, Giani Zail Singh Nagar, Rupnagar.  

                                                                 ......Complainant

                                             Versus

The Kitchen Makers, SCO No.455-456, Sector 35-C, Chandigarh, through its proprietor Sh. Rupak Setia.                                                                                                                                                                                                                                    ...Opposite Party

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        MRS. NEENA SANDHU, PRESIDENT

                        SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh. Kamal Saini, Advocate, counsel for complainant 

O.P. ex-parte

 

 

ORDER

                                  MRS. NEENA SANDHU, PRESIDENT

Sh. Ashok Chadha through his counsel has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘the O.P.’) praying for the following reliefs:-

i)       To pay Rs.8 Lacs as damages

ii)      To pay Rs.50,000/- for mental agony and physical harassment suffered by him

iii)     To pay Rs.20,000/- as litigation expenses along with interest @ 12% per annum till its realization in the interest of justice

 

2.             The brief facts of the case are that the complainant is doing a business under the name and style of Chadha Food and Beverages at SCO No.112, Giani Zail Singh Nagar, Rupnagar. In order to make modular kitchen, fully equipped, well furnished, he met O.P. in the month of Feburary 2015 and hired its services. The proprietor of the O.P visited the site and agreed to make modular kitchen and had given the rough estimate of total expenditure of Rs.5,00,000/- to Rs.5,50,000/-. It was settled that the electric fittings of the said premises would be done as per the design and directions of the O.P. Thereafter, proprietor of the O.P. visited the site two to three times, for which, he paid an extra amount of Rs.20,000/-. The complainant got fitted the electric fittings as per the design requirement and under the supervision of the proprietor of the O.P. It was also settled that the material, which was to be used to make the modular kitchen would be of high quality. The dishwasher and oven to be installed in the said kitchen would be of KAFF company. The O.P. promised to complete the work within one month i.e. from April 21, 2015 to 20 May, 2015. The O.P. divided the kitchen in two portions i.e. Pantry and Kitchen. The electric fitting design and the interior design of the said kitchen is lying with the O.P. After settlement, complainant in total paid a sum of Rs.5,10,000/- (Rs.1,25,000/- on 21.4.2015, Rs.2 Lacs on 8.6.2015 (wrongly written as 2012) and Rs.1,85,000/- on 14.7.2015). However, the O.P. failed to make the modular kitchen within the stipulated period as promised for and made the same in the month of September 2015 i.e. with the delay of four months. The O.P. instead of installing the oven and dishwasher of KAFF company as promised for had installed that of Cata-C company. When he raised the objection then O.P. promised him that he would replace the said equipments within three months, but did nothing. Even the other material utilized by him was of poor and substandard quality, as a result thereof, just after three four months, the handle, wooden, plants, aluminum and other material lost significant value. The material of the shutter of the baskets and glass were also poor. The accessories were not installed as per design prepared by the proprietor of the O.P. The electricity fittings were not done properly, as such, it was inconvenient to connect the electric equipments. He further stated that he had paid Rs.5,10,000/- to the O.P. as full and final payment. He paid the said amount to the O.P. and nothing is due against him. Inspite of that the proprietor of the O.P. had not made the kitchen properly, as a result whereof, he was forced to shift to his village house from Ropar. By not making the modular kitchen as promised for the O.P. had committed deficiency in service. Hence, this complaint. 

3.             On being put to notice, none appeared on behalf O.P. accordingly, it was proceeded against ex-parte vide order dated 03.07.2017.

4.             On being called upon to do so, the learned counsel for the complainant has tendered affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C10 and closed the evidence 

5.             We have heard the learned counsel for the complainant and have gone through the record of the file carefully

6.             The complainant has averred that in order to make a modular kitchen, he hired the services of O.P. and in total paid a sum of Rs.5,10,000/-  in installments. He paid a sum of Rs.1,25,000/- on 23.4.2015, as is evident from statement of account of Yes Bank, Ex.C1, on 09.06.2015 paid Rs.1,00,000/-, on 14.07.2015 paid Rs.60,000/- + 25,000/- and had paid Rs.1,00,000/ as cash on 09.06.2015 and on 14.7.2015, respectively, to the O.P as is evident from statement of account of Axis Bank, Ex.C2 & Ex.C3. However, the O.P. committed deficiency in service firstly by not completing the work within the stipulated period as promised by it. Secondly, by not installing oven and dishwasher of KAFF company. Thirdly, by using the poor quality of material and by not installing the electric system properly, therefore, the O.P. be directed to refund the amount paid by him along with interest and it be also directed to pay compensation on account of mental agony and physical harassment suffered by him and litigation expenses along with interest. Averments of the complainant referred to above have gone un-rebutted as the OP, preferred not to appear before this Forum to contest the same. Meaning thereby that the OP nothing has to say in its defence, as such, we have no reason to disbelieve the averments made by the complainant, which is duly supported by his affidavit and other documents. Thus, we do not hesitate to conclude that by not making the kitchen of the complainant properly and within stipulated period, the O.P. has committed deficiency in service, as such, it is not only liable to refund the amount paid by the complainant along with interest, but also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant along with litigation expenses.

7.             In view of the aforesaid discussion, we allow the complaint and direct the O.P. in the following manner:-

      1.          To refund the amount of Rs.5,10,000/- along with interest @                        7% per annum from the respective date of deposits till its                             realization.

      2.           To pay Rs.10,000/- as compensation on account of mental                 agony and physical harassment suffered by him

      3.           To pay Rs.5000/- as litigation expenses.

          The O.P. is further directed to comply with the said order within the period of 30 days from the date of receipt of certified copy of this order. 

8.       The certified copies of this order be supplied to the parties    forthwith, free of costs, as permissible under the rules and the file     be indexed and consigned to Record Room.

 

          ANNOUNCED                                                                       (NEENA SANDHU)

          Dated .21.08.2017                                                PRESIDENT

 

 

                                                           (SHAVINDER KAUR)

                                                                              MEMBER