Tamil Nadu

South Chennai

CC/413/2017

Dhanalakshmi Elangovan - Complainant(s)

Versus

Zazzy Rep by Divya Amarnath - Opp.Party(s)

G Sugadev Rajaguru

08 Feb 2019

ORDER

                                                                        Date of Filing  : 20.11.2017

                                                                          Date of Order : 08.02.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.413/2017

DATED THIS FRIDAY THE 08^TH DAY OF FEBRUARY 2019

                                 

Mrs. Dhanalakshmi Elangovan,

W/o. Dr. R. Elangovan,

Having permanent residence at:-

Old No.52, New No.4,

First Main Road,

Indira Nagar,

Adyar,

Chennai – 600 020.

Now temporarily residing at:-

Nahar Niketan,

No.27/14, First Main Road,

Indira Nagar,

Adyar,

Chennai – 600 020.                                                     .. Complainant.                                                     

                                                                                            ..Versus..

ZAZZY,

Represented by its Sole Proprietrix

Mrs. Divya Amarnath,

No.M 34/3, 17^th Cross Street,

Besant Nagar,

Chennai – 600 090.                                                  ..  Opposite party.

          

Counsel for the complainant      :  M/s. G. Sugadev Rajaguru

Counsel for the opposite party  :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.4,77,207/- together with interest at the rate of 12% p.a. from the date of payment to till the date of repayment towards unfinished and not installed items as agreed to install in the flats and to pay a sum of Rs.3,00,000/- towards compensation for mental agony, hardship, loss and extreme stress, immense loss of time and money due to the deficiency in service and unfair trade practice to the complainant with cost.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that the opposite party approached the complainant and informed that he is an expert in the field of modular kitchen and false ceiling works and having substantial reputation in this field.  On good faith, the complainant entrusted the job of installing modular kitchen and fixing false ceiling works to her flats S1 & S2 in old No.52 new No.4 in 1^st First Main Road, Indira Nagar, Adyar, Chennai – 600 020.  The complainant submits that the opposite party agreed to do the work at the cost mentioned below:

(A) KITCHEN WORKS:

S1- KITCHEN CABINETS       Rs.3,96,000/-

S1- KITCHEN ACCESSARIES  Rs.  64,445/-

S2- KITCHEN CABINETS       Rs.1,57,720/-

S2- KITCHEN ACCESSARIES  Rs.17,029/-

And total cost for kitchen is  Rs.6,35,194/-

70% of Advance Amount Rs.4,44,636/-  (Paid)

(B) Other miscellaneous expenses:

Mess Fixing Labour              : Rs.31,200/- (Paid)

AC repair Labour                 : Rs.3,000/- (Paid)

Building Elevation Drawing    : Rs.70,000/- (Paid)

Total         Rs.1,04,200/-

(C) ZAZZY DOOR (bath Rooms) 12 Numbers total bill including VAT Rs.1,69,163/-

Already Advance paid in 2015 through flash builders   Rs.75,000/-

Balance amount of Rs.94,163/- already paid by the complainant.

(D) False Ceiling words for S1 & S2  : Rs.2,29,305/- (Rs.1,52,151/- + Rs.77,154/-)

(E) False Ceiling Lighting purchase 80 dwon lights and 34 spot lights = Rs.86,240/- already paid by our client.

(F) False Ceiling painting work for S1 & S2 :Rs.1,08,885/- (Paid)

The cost for 70% of the kitchen and total cost for all the above 2 to 6 works is Rs.10,67,429/-

Total amount already paid by the complainant for the above works is Rs.11,00,000/- in the following manner:

(a) 27/02/2016  Rs.2,50,000/- by CASH;

(b) 23/08/2016  Rs.5,00,000/- by RTGS;

(c) 24/04/2017  Rs.2,25,000/- by RTGS;

(d) 29/04/2017  Rs.1,25,000/- by RTGS;

  Out of which, the complainant has to pay 70% of the amount Rs.10,67,429/- alone.  But the complainant has paid a sum of Rs.11,00,000/-.  Evenafter receiving such payment, the opposite party has not completed the work.  

2.     The complainant submits that the opposite party kept the following pending works as on 22.09.2017:

(a) False ceiling in North West Bathroom in S1 not done.  One Coat Primer and 2 Coats of Paint to be done.

(b) False Ceiling painting: Final coat of paint is not done for all ceilings  in S1 & S2 Apartments ii is 6 Bedrooms, 6 Bathrooms, 2 Living Rooms, 2 Dinning, 2 Kitchen.

(c) Kitchen Cabinets for S1 and S2 not installed.

  Even after repeated requests, the opposite party has not come forward to complete the work.  Hence, the complainant sent emails dated:12.08.2017 & 26.08.2017 respectively for which, the opposite party stated that the workers are not available, contract cannot be terminated, materials ordered and received etc and has not taken any steps to complete the work and assured that the work will be completed on or before 18.08.2017.  Hence, the complainant issued legal notice dated:22.09.2017.  Even after receipt of reply, the opposite party has not come forward to complete the work.  The act of the opposite parties caused great mental agony.  Hence the complaint is filed.

3.     The court notice sent to the opposite party was returned and the notice to call for the opposite party was published in a private newspaper and the copy was produced before this Forum.  In spite of publication in a newpaper, the opposite party has not appeared before this Forum and therefore, the opposite party was set Exparte.  

4.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A10  are marked.   

6.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.4,77,207/- with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.3,00,000/- towards compensation for mental agony, loss, deficiency in service and unfair with cost as prayed for?

7.      On point:-

The opposite party remained exparte.  The complainant filed his written arguments.  Heard the complainant’s Counsel also. Perused the records namely the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that the opposite party approached the complainant and informed that he is an expert in the field of modular kitchen and false ceiling works and having substantial reputation in this field.  On good faith, the complainant entrusted the job of installing modular kitchen and fixing false ceiling works to her flats S1 & S2 in old No.52 new No.4 in 1^st First Main Road, Indira Nagar, Adyar, Chennai – 600 020.  Ex.A1 is the Order Form.   Further the contention of the complainant is that the opposite party agreed to do the work at the cost mentioned below:

(A) KITCHEN WORKS:

S1- KITCHEN CABINETS       Rs.3,96,000/-

S1- KITCHEN ACCESSARIES  Rs.  64,445/-

S2- KITCHEN CABINETS       Rs.1,57,720/-

S2- KITCHEN ACCESSARIES  Rs.17,029/-

And total cost for kitchen is  Rs.6,35,194/-

70% of Advance Amount Rs.4,44,636/-  (Paid)

(B) Other miscellaneous expenses:

Mess Fixing Labour              : Rs.31,200/- (Paid)

AC repair Labour                 : Rs.3,000/- (Paid)

Building Elevation Drawing    : Rs.70,000/- (Paid)

Total         Rs.1,04,200/-

(C) ZAZZY DOOR (bath Rooms) 12 Numbers total bill including VAT Rs.1,69,163/-

Already Advance paid in 2015 through flash builders   Rs.75,000/-

Balance amount of Rs.94,163/- already paid by the complainant.

(D) False Ceiling words for S1 & S2  : Rs.2,29,305/- (Rs.1,52,151/- + Rs.77154/-)

(E) False Ceiling Lighting purchase 80 dwon lights and 34 spot lights = Rs.86,240/- already paid by our client.

(F) False Ceiling painting work for S1 & S2 :Rs.1,08,885/- (Paid)

The cost for 70% of the kitchen and total cost for all the above 2 to 6 works is Rs.10,67,429/-

Total amount already paid by the complainant for the above works is Rs.11,00,000/- in the following manner:

(a) 27/02/2016  Rs.2,50,000/- by CASH;

(b) 23/08/2016  Rs.5,00,000/- by RTGS;

(c) 24/04/2017  Rs.2,25,000/- by RTGS;

(d) 29/04/2017  Rs.1,25,000/- by RTGS;

  Out of which, the complainant has to pay 75% of the amount Rs.10,67,429/- alone.  But the complainant has paid a sum of Rs.11,00,000/-.  Evenafter receiving such payment, the opposite party has not completed the work.   Ex.A2 to Ex.A5 are the payment details  showing the statement of accounts and receipts. 

8.     Further the contention of the complainant is that the opposite party kept the following pending works as on 22.09.2017:

(a) False ceiling in North West Bathroom in S1 not done.  One Coat Primer and 2 Coats of Paint to be done.

(b) False Ceiling painting: Final coat of paint is not done for all ceilings  in S1 & S2 Apartments ii is 6 Bedrooms, 6 Bathrooms, 2 Living Rooms, 2 Dinning, 2 Kitchen.

(c) Kitchen Cabinets for S1 and S2 not installed.

  Even after repeated requests, the opposite party has not come forward to complete the work.  Hence, the complainant sent an email dated:12.08.2017 & 26.08.2017 respectively for which, the opposite party stated that the workers are not available, contract cannot be terminated, materials ordered and received etc and has not taken any steps to complete the work and assured that the work will be completed on or before 18.08.2017.  Hence, the complainant issued legal notice dated:22.09.2017 as per Ex.A8.  Even after receipt of reply, the opposite party has not come forward to complete the work.  Hence, the complainant is constrained to file this case for refund of the amount paid towards the pending work namely

(a) False ceiling in North West Bathroom in S1 not done.  One Coat Primer and 2 Coats of Paint to be done.

(b) False Ceiling painting: Final coat of paint is not done for all ceilings  in S1 & S2 Apartments ii is 6 Bedrooms, 6 Bathrooms, 2 Living Rooms, 2 Dinning, 2 Kitchen.

(c) Kitchen Cabinets for S1 and S2 not installed.

But on a careful perusal of records, it is apparently seen that the opposite party ordered the modular kitchen materials and delivered to the complainant’s building.  Equally, the opposite party has done substantial work except few works.  All the materials ordered and the items erected are in the house of the complainant.  Hence, this Forum is of the considered view that the opposite party shall complete the work within one month, failing which, the expenses involved for completion of work shall be refunded by the opposite party with interest at the rate of 9% p.a. from the date of the complaint to till the date of this order with a compensation of Rs.30,000/- with cost of Rs.10,000/-. 

  In the result, this complaint is allowed in part.   The opposite party is directed to complete the work within one month, failing which, the expenses involved for completion of work shall be refunded by the opposite party with interest at the  rate of 9% p.a. from the date of complaint (i.e. 20.11.2017) to till the date of this order (i.e. 08.02.2019) and to pay a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of February 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of Order Form
Ex.A2	27.02.2016	Copy of receipt
Ex.A3	August 2016	Copy of statement of account
Ex.A4	April 2017	Copy of statement of account
Ex.A5	April 2017	Copy of statement of account
Ex.A6	12.08.2017	Copy of e-mail from the opposite party
Ex.A7	26.08.2017	Copy of email to the opposite party
Ex.A8	22.09.2017	Copy of legal notice by the complainant to the opposite party
Ex.A9	23.09.2017	Copy of acknowledgement card
Ex.A10		Photographs

 

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT