ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not completing the interiors as agreed and also not delivering the items agreed to and thereby deficiency in service on the part of OP and for refund of the said amount, for payment of Rs.28,500/- as he paid rent for the delayed period of work by OP and for Rs.50,000/- for outsourcing the work without his consent to other persons and causing mental harassment and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The complainant purchased a flat F-0632, “Republic of white field”, ITPL, Kundanahalli, Whitefield, Bangalore.  He engaged OP for its interior.  It was agreed that all the work agreed to be completed within an amount of Rs.9,00,000/- only for which OP agreed and received 10% of the said amount i.e., Rs.90,000/- as advance and it was also agreed that any additional work entrusted would attract additional cost over and above nine lakhs.  They both agreed the list of items as mentioned in the BOQ.  On 5^th of March 2019, one Kushi Lokesh, of OP sent a document which included kitchen, utility, master bed room, children bed room, guest bed roam ward robes designs and materials to be supplied by OP along with a request for payment of Rs.2,18,000/-. He had paid Rs.90,000/- in cash as advance on 6^th December 2018 and Rs.2,18,000/- on March 5^th, 2019. Rs.91,570/- on 14^th march 2019 to Urban ladder Rs.1,00,000/- on 29.03.2019, Rs.3,08,000/- on 21.April 2019 and Rs.50,000/- on 27 april 2019.  In all has paid Rs.8,57,570/-.  Himself and Aditi Mukarji of OP selected electrical fittings, fixtures, geyser, fans, furnitures, like dining table, chair, sofa set, within the budget provided by life space with mutual consent.  She also confirmed the over mail. He had planned to shift his family from his rented house to his own flat after completion of the interiors by the OP.  OP had agreed to complete the interiors by 30.04.2019. Whereas, even on 30^th April 2019 when he visited the flat, even the work was not at all commenced.  He had a meeting with one Athik and Vinay Jaisingh of OP who assured that they will hand over the project by 15^th may 2019 by accepting the delay, for which he also agreed and further they assured that they will pay penalty of Rs.1,000/ per day for the delay. Lot of items which were agreed as part of BOQ has not been delivered. Upon repeated request and in the final meeting on 15^th May 2019, he requested OP to deliver the things which was agreed to by OP and OP did not provide the materials i.e.,  

1. Dn Wall Shelves
2. Blaupunkt Built In Oven
3. Elica Wall mounted Chimney
4. Philips LED Strip
5. Pull out Trouser Holder
6. Pull Out Drawer Multifunctional
7. DN Wall Shelves
8. Havells ventilair Exhaust Fan
9. Philips Astra Line LED Battern
10. Visco Cove Light
11. Philips Aura2 7W LED Downlighter
12. Havells Monza Slim Geysers
13. Wall Highlighter
14. DN Wall shelves
15. Wall Papers
16. Blind/Curtains
17. Window Grill

On the ground that the budget has exhausted. She refused to provide the details. There is discrepancy in providing the agreed service by OPs employee. In view of the delay she had to pay one month extra rent. Inspite of repeated request and demand, OP has not solved the problem and has not given satisfactory reply.  Hence this complaint.

3.      Upon the service of notice, OP remained absent and placed exparte. Afterwards OP filed application u/o 9 rule 7 CPC to set aside the exparte and permission to file the version which was allowed.  Inspite of obtaining sufficient time, OP did not file the version and also not led evidence.

4.      In order to prove the case, complainant has filed her affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

6.     POINT No.1:-

   Perused the complaint, affidavit evidence and the documents produced by the complainant.  The email dated 11^th may 2019, clearly shows that OP has agreed to provide the interiors as per the BOQ for Rs.9,00,000/- only and it was also agreed that in case there is any additional requirement besides the one decided, it is on the additional cost.  When such being the case, OP has agreed clearly in unequivocal terms to provide the interiors agreed within the amount of Rs.9,00,000/-.

        7.     The details of the agreed items have also been produced by the complainant. OP has also agreed having received the advance amount to carry out the work.  It has also sent emails, time and again seeking some clarifications. Lot of correspondences and emails and SMSs have been exchanged.  On 26^th April 2019 one Aditi Mukarji of OP had acknowledged the receipt of the total payment of Rs.8,07,570/-.  The correspondences clearly shows that the project would be get over only by 12^th May 2019 with or without any snags. This is written by OP only.

        8.     When this is taken into consideration, OP has not at all kept the time line as agreed due to which complainant has to extend his stay in the rented premises by paying the rent for one extra month which he claims to be at Rs.28,500/-.  Further, he has stated that a sum of Rs.8,57,570/- has been paid by him. Whereas, the agreed amount is Rs.9,00,000/-.  It is specific case of the complainant that the materials agreed to be installed worth Rs.2,28,256/- has not been either erected or handed over to him for which he is claiming the said amount.  By considering all the above, and in view of the OP keeping silent by not participating in the further proceedings of the complaint, even though opportunity was given to it, we are of the opinion that OP did not execute and complete the project well in time as agreed and delayed the same by 15 days for which complainant had to extend his stay in the rented premises by paying additional rent for a month and also he is entitled for the materials which OP has not provided and installed in the house.  In view of the delay caused by OP in completing the interiors in time, it amounts to deficiency in service. Hence we answer point NO.1 in the Affirmative.

        9.     Point NO.2:

        Since the contract amount was Rs.9,00,000/- and the complainant has paid Rs.8,57,570/- to OP, the balance of amount has to be paid by him.  On the other hand complainant is entitled for Rs.2,28,256/- being the amount of materials which OP has not supplied.  By deducting a sum of Rs.43,430/- out of Rs.2,28,256/- i.e., Rs.1,82,826/- is to be paid by OP to the complainant along with interest at 12% p.a., from 16^th May 2019 the day on which OP handed over the possession of the house and also Rs.28,500/- being the rent which the complainant paid for the extended period.  Further the OP made the complainant to approach this commission for which he has spent time, money and energy and we direct OP to pay a sum of Rs.5,000/- towards litigation expenses and answer point No.2 partly in the affirmative and pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to pay the balance amount of Rs.1,82,826/- to the complainant along with interest at 12% p.a., from 16^th May 2019 till the date of payment.
3. OP is also directed to pay Rs.28,500/- being the rent paid for the extended period.
4. OP is directed to pay a sum of Rs.5,000/- towards the litigation expenses.
5. The OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
6. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 26^th day of November 2020)

MEMBER                                        PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Letter of acceptance by OP

Ex P2: Agreement along with cost of each item (page 1 to 14)

Ex. P3: emails

Ex P4: Sign of documents along with drawings work to be done

Ex P5: Email correspondence, SMS, along with photos

Es P6: Copy of the rent receipts.

Ex P7: Notice issued by one to OP mentioning what are all the works not attended.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

• NIL -

Copies of Documents produced on behalf of Opposite Party/s

• NIL –

MEMBER                                PRESIDENT