Date of Filing      : 02.06.2023

                                                                                                                                     Date of Disposal : 27.09.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                                        .…. PRESIDENT

                 THIRU.P.VINODH KUMAR., B.Sc., BL.,                                                                           …….MEMBER-I

CC. No.54/2023

THIS WEDNESDAY, THE 27^th DAY OF SEPTEMBER 2023

Mr.S.P.Rajan,

S/o.Late S.S.Doss,

No.21/10, 4^th Street,

Jyothi Nagar, Thiruvotriyur,

Chennai 600 019.                                                                                    ……Complainant. 

                                                                               //Vs//

1.The Management of BSSR Innovative Solution Pvt., Ltd.,

    No.24/68, Achuthan Nagar,

    Poonamallee Road,

    Ekkattuthangal, Chennai 600 032.

2.Mrs.Raja Rajeshwari,

    Director-Business Development,

    BSSR Innovative Solution Private Limited,

    No.150/5, Golden Jubli Flats,

    Padikuppam, Anna Nagar,

   Chennai 600 040.

3.Mrs.Sam Balraj,

   Director-Business Development,

   BSSR Innovative Solution Private Limited,

   No.14, Ragavendra Street,

   Udayarpalayam, Chelliamma Nagar,

   Chennai 600 058.

4.Mr.Selva, Partner,

   BSSR Innovative Solution Private Limited,

   No.208, No.3, Old Mahabalipuram Road,

   Kamaraj Nagar, Semmancherry,

   Chennai 600 119.                                                                          …..Opposite parties.

Counsel for the complainant                                          :   M/s. U.Anunitha, Advocate

Counsel for the opposite parties                                    :   Exparte.

This complaint coming before us on various dates and finally on 15.09.2023 in the presence of M/s.U.Anunitha, counsel for the complainant and opposite parties were set exparte for non appearance and upon perusing the documents and evidences of both sides this Commission delivered the following:

ORDER

PRONOUNCED BY THIRU.P.VINODH KUMAR, MEMBER-I

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties in not carrying out the interior work properly along with a prayer to direct the opposite parties to refund a sum of Rs.5,45,000/- towards the amount spent by the complainant for the loss made by the opposite party and to pay a sum of Rs.5,00,000/- towards compensation for the mental and physical torture and harassment caused to the complainant and to pay a sum of Rs.30,000/- towards cost of the complaint.

Summary of facts culminating into complaint:-

2. That the complainant is an Ex-service man.  During the year 2022 he decided to renovate his house and therefore approached the opposite parties to do wood works in his house.  On 09.11.2022 the opposite parties had agreed to undertake the interior decoration for an amount of Rs.9,45,000/-.  The complainant had paid Rs.5,45,000/- on several dates to the opposite parties.  However, the opposite parties had carried out the works to the value of Rs.50,000/-.  When questioned by the complainant, the opposite parties failed to answer him.  As per the agreement the opposite parties ought to have completed the works within 45 days from the date of agreement.  But even after 45 days, the opposite parties had not completed the works.  Inspite of repeated demands from the complainant, the opposite parties failed to finish off the renovation works.  Hence he lodged Police complaint against the opposite parties on 03.02.2023 before M8 Sathankadu Police Station and the enquiry for the same is still pending.

3. That the complainant availed personal loan from ICICI bank to carry out the renovation works of his house.  He is regular in payment of monthly EMIs to the Bank.  When the complainant went to meet the opposite parties in person, he came to know that the company was closed permanently.  The complainant could not complete the renovation works further due the act of opposite parties in grabbing the hard earned money of the complainant. Hence the complainant issued legal notice dated 27.04.2023 to the opposite parties.  The 2^nd opposite party alone received the said legal notice but failed to give any reply.  The act of the opposite parties amounts to deficiency in service and caused severe mental agony and hardship to the complainant.  Hence the complaint.

4. The notices sent by the Commission to the opposite parties were returned as Door locked.  Hence Paper Publication was ordered.  Paper Publication in Makkal Kural Tamil daily effected.  Even after also the opposite parties neither appeared before this Commission nor filed their written version to defend the case.  Hence the opposite parties set exparte on 24.08.2023 for non appearance and non filing of written version in this mandatory period as per statute.

5. On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex.A13 were submitted. 

Points for consideration:

1. Whether there is any deficiency in service on the part of the opposite parties as alleged by the complainant?
2. To what reliefs the complainant is entitled?

Point No.1:-

6. It is the case of the complainant that he had availed the services of the opposite parties to do renovation works by paying the initial amount of Rs.5,45,000/- to the opposite parties on various dates.  Even after receipt of the said amount, the opposite parties had not carried out the works as promised and failed to complete the works within the stipulated period of 45 days.  Inspite of repeated demands the opposite parties had not completed the works.  The opposite parties grabbed the hard earned money of the complainant by taking the renovation works.  The act of opposite parties amounts to deficiency in service and hence the complaint.

7. To prove the case, the complainant deposed proof affidavit with 13 documents which were marked as Ex.A1 to Ex.A13.  Ex.A1 is the agreement letter and estimation, Ex.A2 to Ex.A8 are the receipts issued by the opposite parties on various dates, Ex.A9 & Ex.A10 are the call history and text message history of the complainant, Ex.A11 is the Police complaint given by the complainant, Ex.A12 is the legal notice issued by the complainant and Ex.A13 is the remainder letter sent by the complainant to the Police station.

8. On perusal of the documents and pleadings, it is not disputed that the complainant engaged the opposite parties to carry out renovation works to the tune of Rs.9,45,000/-.  Ex.A1 is the agreement letter and estimation issued by the opposite parties in which the complainant also put his signature to show his acceptance.  Accordingly the complainant had paid Rs.5,45,000/- to the opposite parties on various dates as evidenced from Ex.A2 to Ex.A8.  Ex.A2 to Ex.A8 is the receipts issued by the opposite parties on various dates.  Ex.A9 and Ex.A10 are the call history and text message history of the complainant. Having received a huge sum from the complainant, the opposite parties had not carried out the works as promised by them.  Hence he lodged a complaint to the M8, Sathankadu Police Station on 03.02.2023 as evidenced in Ex.A11.

9. Further the opposite parties had closed the company without any intimation and therefore the complainant issued legal notice dated 27.04.2023 to the opposite parties (Ex.A12).  The 2^nd opposite party alone received the said notice, but failed to give any reply to the said notice.  It is the duty of the opposite parties to carry out the works to the complainant as promised by them.  But in this case, the opposite parties received more than 50% of the amount as advance and failed to complete the works.  The opposite parties abandoned the works abruptly and closed the company without any intimation to the complainant.

10. We have carefully perused the pleadings and documents marked on the side of the complainant.  We have heard the oral arguments of the complainant.  Having received the advance amount and failed to complete the works within the stipulated period amounts to deficiency in service. We have come to the conclusion that the opposite parties had committed deficiency in service.  This point is answered accordingly.

Point No.2:-

11. We have come to the conclusion that opposite parties had committed deficiency in service and therefore the complainant has to be compensated for the loss, sufferings and mental agony.  Hence, we have decided to award compensation of Rs.50,000/- and cost of Rs.10,000/- in addition to the refund of the amount of Rs.5,45,000/- paid by the complainant.  This point is answered accordingly.

In the result, the complaint is partly allowed against the opposite parties jointly and severally directing them

a) To refund a sum of Rs.5,45,000/- (Rupees five lakhs forty five thousand only) to the complainant being the amount paid by the complainant for interior decoration works for his house;

b) To pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for the mental agony and hardship caused to the complainant;

c)  To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant.

d) The above order shall be complied within six weeks from the date of receipt of this copy of the order, failing which, the said refund and compensation amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the Member-I to the steno-typist, transcribed and computerized by him, corrected by the Member- I and pronounced by us in the open Commission on this the 27^th day of September 2023.

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 MEMBER-I                                                                                                        PRESIDENT

List of document filed by the complainant:-

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MEMBER-I                                                                                                        PRESIDENT