Tamil Nadu

North Chennai

CC/07/2021

Nithin Adith,S/o.Premmalatha jeyaraman, - Complainant(s)

Versus

The Manager,M/s.The Park,The Interior Desk, - Opp.Party(s)

Anilkannappan

25 Aug 2023

ORDER

Complaint presented on :24.02.2020

 Date of disposal            :28.08.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

                PRESENT : THIRU. G. VINOBHA, M.A., B.L.,                          :PRESIDENT

                                      TMT. KAVITHA KANNAN, M.E.,                         : MEMBER-I

                                      THIRU.V.RAMAMURTHY,B.A.,B.L.,PGDLA.,   :MEMBER-II

 

C.C. No.07/2021

 

DATED MONDAY THE 28^TH DAY OF AUGUST 2023

1.J.NithinAdhith,

S/o.PremmalatthaJayaraman, aged 19,

 

2. Mrs.PremmalatthaJayaraman,

W/o.Jayaraman,

Both Residing at No.213, GB The Daffodils,

9^th Street, TNHB,

Korattur, Chennai-80.

                                                                          …..Complainant

 ..Vs..

The Manager,

M/s.The Plank, Interiors Desk (Previously Called as “Shapez N Designs)

APEX PLAZA, No.3,

6^th Floor, Unit-C,

Nungambakkam High Road,

Chennai-600 034.

                                                                                             …..Opposite Party.

Counsel for Complainant                        : M/s.Saveetha Law Firm.

Counsel for opposite party                        : Ex-parte.

 

 

 

 

 

 

ORDER

THIRU. G. VINOBHA, M.A., B.L.,     :PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 35 of the Consumer Protection Act, 2019 prays to direct the opposite party to pay Rs.200000/- as compensation towards the mental trauma, physical stress and deficiency in service, negligence, prolonged delay and lethargic attitude of opposite party in rendering service and to pay Rs.40000/- towards balance refund of advance amount along with 14% of interest from the date of paying the advance amount and to pay Rs.5000/- towards the cost of the complaint.

1.THE COMPLAINT IN BRIEF:

          The complainants submits that the they visited opposite party office in person to collect the brochure for sample of interior designs, Mr. Vinoth (Senior Sales Manager) who attended complainants had intimated that he will officially visit the construction flat to explain about the interior designs. Complainants further submit that, on 05.09.2019, Mr. Vinoth visited complainants' residence at Daffodils and promised to furnish their new house with best designs in the market. When complainants asked for site visit of completed projects, he stated that it will be arranged only after paying the advance amount of Rs 50,000/- to the Account Shapes N Designs IDIB Bank. When the complainant asked for the explanation in demand of Higher advance amount of Rs.50,000/- Mr.Vinoth stated that advance amount will be refunded once when the customer cancel the project before it get started. Or it will be adjusted with total payment when client accepted the project to carry on Trusting the words of opposite party, complainants decided to pay the advance amount of Rs.50,000/- Complainants also submit that, on 21/10/2019, made an advance payment through NEFT Transfer to the Account Shapes N Designs IDIB Bank  vide IMPS 929421152871 for the amount of Rs.1000/- and Rs.49,000/- vide IMPS No:929421156526) respectively and requested for the official site visit to visualise the finished projects of Opposite party. Complainants submit that, on the same day when complainants contacted the office to collect the invoice receipt, for Rs 50,000/- Office staff stated that, invoice will be generated and sent to the mail id of customer and original receipt will be handed over in person. But no invoice receipt was shared from their side either in email or at office. Complainants also submit that, after the payment of advance amount complainants was added to the Whatsapp group of opposite party company to communicate effectively with their office staffs for instructions and intimations, but even after repeated requests the site visit of completed projects was not arranged and soft copy of the advance invoice receipt was also not shared from their side. Complainants further submit that, on the next day one of the office staff came to complainant's new house site for taking measurements When complainants asked for the site visit of completed designs, they stated that it will be arranged in next visit and asked complainants to contact the office for further enquiry. Complainants submits that, they contacted the sales manager for site visit of completed project designs, they were held busy and directed complainants to wait for further confirmation from the side After some days when complainants called them again they were evasive and avoided complainant's what's app messages and phone calls repeatedly. Complainants got frustrated over the repeated delay which made them to postpone their other commitments. Complainants stated that, they were harassed by lethargic attitude of opposite party office staffs. Delay made complainants a very tight schedule to finish the pending work of their dream new house Complainant's physically stressed themselves to reach opposite party office multiple times in request for site visit of completes designs and also to get invoice receipt of advance amount of Rs.50,000. But complainants was not addressed properly and made them to run pillar to posts without any confirmed date for site visit of completed project designs. Even after paying the advance amount of Rs.50,000/- complainants were never taken to site visit after repeated request. Complainants got frustrated with their negligence attitude of not giving importance to a customer on rendering service after receiving a lump sum amount. Complainant further submits that, the opposite party dereliction towards duty made complainants to suffer severe mental agony and damages, since constructions of interior designs to the house was in pending. Complainant submits that, finally after a month opposite party had sent sample designs of one completed project in Whatsapp images. After seeing the images, my clients were not satisfied and requested for site visit and the same was arranged by opposite party staff named Keerthana (Designs) without any support or assistance from their Office staffs. The sample site address was sent to complainant's whats app and the site was located at Abhinandan Appartments, Jai Nagar, Pattalam, Choolai- Chennai. Complainant submits that, on 23.11.2019, when complainants visited the above said site on their own, they realized that completed project was not up to the satisfaction, based on promises made from opposite party. Being unsatisfied, and waiting for a month, complainants were not ready to continue with the projects and demanded for immediate cancellation and refund of advance amount of Rs.50,000/- on the same day. Complainant was shocked that opposite party has collected advance amount of Rs. 50,000/- even without arranging a site visit of completed project to satisfy the needs of customer. Complainant had realised that she fell on the trap through misleading advertisement of the opposite party and further contended that on 11.12.2019 and email from keerthana stated Rs.45900/- was spent towards taking measurements and site visit which is illegal the complainant thereafter sent several emails requesting for refund but on 10.01.2020 Rs.10000/- alone was refunded without any intimation and therefore claimed the refund of balance advance amount along with compensation.

2. POINTS FOR CONSIDERATION:

1.Whether there is any deficiency in service on the part opposite party as alleged in the complaint?

 

2. Whether the complainant is entitled for the reliefs prayed in the

    complaint.  If, so to what extent?

 

The complainant filed proof affidavit and documents Ex.A1 to A8 are marked on their side and written arguments.  The opposite party was absent set exparte.

3. POINT NO :1:-

          The fact that the complainant paid a sum of Rs.50000/- as advance payment to the opposite party for doing interior design to the new flat purchased by him at korattur Gasa Grande-Asta 2 Karuku Road channai-53 and thereby the complainant engaged the opposite party for completing the interior work project is not in dispute between the parties.  But according to the complainant on payment of the advance amount though the opposite parties alleged that a invoice will be generated and send to the mail ID of the customer no such invoice or receipt was handedover by the opposite party and further inspite of several request by the complainant for a site visit of completed project.  The opposite party has been postponing the same on several dates and only send their office staff to the complainant’s new house for taking measurements and thereafter a month later they had sent sample designs in whatsapp images and finally when the complainant visited a completed project at abinandam apartments Jai nagar, Pattalam, Choolai and on seeing which the complainant was not satisfied with the work and hence the complainant was not ready to continue with the project and hence cancelled and sought for refund of advance amount on 23.11.2019 and thereafter he has requested on several dates to refund the advance amount and also sent several emails and finally on 10.01.2020 the complainant account was credited with Rs. 10000/- towards refund without any intimation and therefore the complainant issued a legal notice claiming a balance advance amount as well as the compensation alleging deficiency in service on the part of opposite party.

          4. The opposite party remained exparte.  Ex.A1 is legal notice and Ex.A3 is reply dated 04.02.2020 by the opposite party.  Ex.A4 whatsapp conversation and A5 are email correspondences and Ex.A6 and A7 are copy of bank statement.  In Ex.A3 reply the opposite party admitted the receipt of Rs.50000/- as advance amount but contended that it had incurred an expense of around Rs.42000/- towards preliminary ground work like designing measuring and site visit and agreed to deduct Rs.11000/- and refund the balance of Rs.39000/- and thereafter transferred Rs.10000/- to the complainant account which was not acknowledged by him and denied deficiency in service and the claim for compensation.  It is found from Ex.A4 from 22.10.2019 till 11.01.2020 there was whatsapp conversation between the complainant and the staff of opposite party and in Ex.A5 email conversation.  It is alleged by the complainant that on seeing a completed project the complainant was totally dissatisfied by their work and wanted to quit.  It is further found in Ex.A7 that on 10.01.2020 a sum of Rs.10000/- alone was refunded by the opposite party.  Though the opposite party alleged that they have incurred expenditure to the tune of Rs.42000/- for doing preliminary ground work and designing and site visits there is no documentary proof for the same.  Having received the advance amount on 21.10.2019 the opposite party has not commenced the interior work nor prepared any design for the interior work project and though agreed to refund Rs.39000/- but actually refunded only Rs.10000/- and hence the act of the opposite party in not initiating any interior work and not even taking any proprietary measures like making design for the project amounted to deficiency in service on the part of opposite party. Point No.1 is answered accordingly.

5. Point no.2:-

          Based on findings in Point No.1.  Since there in deficiency in service on the part of opposite party.  Hence the opposite party is liable to refund the balance of advance amount of Rs.40000/- with interest at 6% p.a. from 21.10.2019 till date of payment and to pay Rs.25000/- as compensation for deficiency in service for mental agony and also pay Rs.5000/- towards as costs. Point No.2 is answered accordingly.

          In the result, the complaint is partly allowed.  The opposite party is directed to refund the balance of advance amount of Rs.40000/- with interest at 9% p.a. from 21.10.2019 till date of payment and to pay Rs.25000/- as compensation for deficiency in service and mental agony and Rs.5,000/- towards cost of complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9%interest from the date of order to till the date of payment.

Dictated by the President to the Steno Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 28^th day of August 2023.

 

MEMBER – I               MEMBER – II                                   PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	03.02.2020	Legal notice sent to opposite party.
Ex.A2	05.02.2020	Acknowledgement card.
Ex.A3	04.02.2020	Reply mail from opposite party.
Ex.A4		Whatsapp chats between complainant and opposite party.
Ex.A5		Email conversation between the complainant and opposite party.
Ex.A6	30.01.2020	Bank account statement of complainants depositing advance amount to opposite party.
Ex.A7	10.01.2020	Bank statement of complainant in receiving refund from opposite party.

 

MEMBER  I               MEMBER  II                                   PRESIDENT