IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 16th day of December, 2020
Filed on 22.03.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.75/2019
Between
Complainant:- Opposite parties:-
Gigy Ommen 1. Mr. Uttaran.B .Ray
Manatharayil.G.Cottage The Managing Director
Glass Junction, Pynummoodu Studio From Techniques Pvt Ltd
Kunnam.P.O, Thazhakkara Village No.H/102,RP Arcade,3rd Floor
Mavelikkara,Alappuzha-690108 RHB Colony,Mahadevapura
(At Present Residing at DBB Bengaluru-560048, Karnataka
Contracting LLC, Dubai Rep: by (Exparte)
His Attorney .M.K Thankappan)
(Adv.Niya Benny)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
This is a consumer complaint filed u/s 12 of the Consumer Protection Act.1986.
1. The averment in the complaint is as follows:-
Complainant has contacted the opposite party for the purpose of setting up a unique feature, proposed as an engineered Feature Staircase and Free- Standing Glass Railing. As per the agreement an amount of Rs.7,63,869/-(Rupees seven lakh sixty three thousand eight hundred and sixty nine only) was paid to the opposite party as an advance for the materials of the stair case on 4/3/2016. On 3/4/2016 the complainant has paid Rs.2,57,625/-(Rupees Two lakh fifty seven thousand six hundred and twenty five only) to the opposite party towards the Design and Engineering of the Feature Staircase and Glass Railing through NEFT. After entering the contract, on inspection in the shop of the opposite party, it was found by the complainant that the samples were unsustainable and opposite party did not possess the qualification and skill to make the said Feature Staircase and Glass Railing which they undertaken to be produced. Thereafter the complainant and opposite party mutually decided to cancel the above said order and in lieu of the same the complainant agreed to substitute Free standing Glass Railing system in his house.
Firstly the opposite party’s quotation was of Rs.11,43,154 + GST and after some negotiation the opposite party has corrected their own quotation and agreed to set up for the amount of Rs.10,00,000/0 + GST @ 18%. But nothing came forward for a period of time and by this time the opposite party was not in a position even to supply the Free standing Glass Railing System. Although initially the opposite party has agreed for the refund of Rs.4,00,000/-(Rupees Four lakh only), but the complainant demand full refund of the entire amount Rs.7,63,869/-. The consultant contacted the opposite party by E-mail and as a reply the opposite party has asked for the bank details of the complainant for the transfer of fund. But the fund has not credited. Finally the reply came from the opposite party as follows. “As of now we are facing bankruptcy due to a large project in Mumbai which has been stopped mid way as a result of which has gained as experience of sorts in litigations. If you wish to pursue this matter legally please go ahead, we will respond accordingly.” Hence this complaint alleging deficiency in service and unfair trade practice on the part of opposite party.
Notice issued to the opposite party was returned un-served stating “Left” Thereafter the complainant has taken steps against the opposite party through courier service and the same was also returned stating “Left”. Hence the opposite party was set exparte.
2. The points to be considered are:-
1. Whether there is any deficiency in service or unfair trade practice
on the part of the opposite party?
2. Whether the complainant is entitled to get the reliefs as sought for
in the complaint?
3. Whether the complainant is entitled to get compensation if so
what would be the quantum of compensation to be awarded?
4. Reliefs and Cost?
The complainant filed Proof affidavit and got marked Ext.A1, Ext.A2series, Ext.A3series, and Ext.A4 to A8.
3. Points 1 to 3:-
For avoiding repetition of discussion of materials these three points are considered together.
According to the complainant he had entrusted the opposite party for making a Unique Feature Staircase and Free standing Glass Railing in his unique house and had paid a major portion of the cost for the same to the opposite party as per Ext.A2 series work order. But the opposite party has not complied the work order entered between the complainant and opposite party, even repeated demand made by the complainant. The unchallenged averments in the proof affidavit coupled with Ext.A1 to A8 documents would established that complainant had decided to make a unique model of staircase in his house and for that he had paid a sum of Rs.7,63,869/- to the opposite party for providing an expert to design, supply of materials, make and furnish and fit the same in the new house. Ext.A1 is the Power of attorney, Ext.A2series is the Work Orders and Purchase order, Ext.A3series Copy of Bills, Ext.A4 is the statement of account, Ext.A5 is a copy of Bill, Ext.A6series is the e-mail print outs, Ext.A7 is the Lawyers notice. Ext.A8 is the Copy of e-mail. According to the complainant opposite party has committed gross deficiency in service and committed unfair trade practice by non compliance of work order even after received a major portion of cost for the work and also did not made refund of the said sum inspite of repeated demand. Ext.A4 is the Bank statement of the complainant which shows transfer of an amount of Rs. 2,57,625/- on 3/4/2016 and Rs.7,63,869/- on 4/3/2016 to the opposite party(SFT) as averred in the complaint and proof affidavit. The unchallenged averments in the affidavit coupled with Ext.A6series and A8 document would indicate that the complainant had requested in several occasions to refund the amount which he had paid to the opposite party for making staircase in the house of complainant by non compliance of the work order entered with the opposite party and the inability to perform their part by facing bankruptcy. In the absence of any contra evidence we have no hesitation to hold that this is a clear case of unfair trade practice and there is deficiency in service on the part of opposite party hence the opposite party is liable to refund the amount received by them from the complainant with interest and also liable to compensate for the inconvenience and mental agony caused to the complainant. We fix the rate of interest for the amount @ 9% and also fix compensationRs.50,000/-. Therefore the complainant is entitled to recover an amount of Rs.7,63,869/- with interest at the rate of 9% per annum from 4/3/2016 to 15/3/2019 along with Rs.50,000/- as compensation and Rs.5000/- as cost of the proceedings.
4. Point No.4:-
In the result complaint allowed in part.
1, Complainant is allowed to realize an amount of Rs. 7,63,869/-(Rupees Seven lakh sixty three thousand eight hundred and sixty nine only) with interest @ 9% per annum from 4/3/2016 to 15/3/2019. The complainant is also allowed to realize an amount of Rs.50,000/-(Rupees Fifty thousand only) as compensation from the opposite party. In default of the payment opposite party is liable to pay Rs.7,63,869/-(Rupees Seven lakh sixty three thousand eight hundred and sixty nine only) plus Rs.50,000/-(Rupees Fifty thousand only) with interest @ 12% till realization.
2. Complainant is allowed to realize an amount of Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
The order shall be complied within one month from the date of the receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 16th day of December, 2020.
Sd/-Smt. Sholly.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Power of Attorney
Ext.A2series - Work Orders & Purchase order.
Ext.A3series - Copy of Bills
Ext.A4 - Statement of Account
Ext.A5 - Copy of Bill
Ext.A6series - E-mail Print outs
Ext.A7 - Lawyers Notice.
Ext.A8 - Copy of E-mail.
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
