ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.     This is the Complaint filed by the Complainant U/S Section 35 of Consumer Protection Act 2019, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not completing the interiors to her house even though OP has received substantial amount and for refund of Rs.3,45,000/- paid by her to the OP and also for Rs.1,50,000/- as compensation for deficiency in service and for causing mental agony and harassment and spending money by making alternate arrangement and to direct the OP to apologize for deficiency caused and for cost of litigations and for other reliefs as the Commission deems fit.

2.     The brief facts of the complaint are that; the complainant is the owner of house situated in Bright Residential Layout Vittasandara Electronic City Bangalore.  OP is running an interior works in the name of Saraswathi Interiors. After a few negotiations mutually agreed that OP would get the interiors done in respect to kitchen, bedroom, wardrobes and one cot and one study table. An advance of Rs.5,000/- was paid on 01.06.2021 and the total cost of the entire interior works was agreed for Rs.2,95,000/- OP also agreed as per the quotation, that he will complete the entire work within 40 days. Within the said time OP completed the structural portion of the kitchen wardrobes, study table and cot.  For the remaining work, he went on postponing and informing that he is collecting materials. Afterwards Harikesh the owner of the Saraswathi Interiors was not receiving her calls. On 27.09.2021 he informed that he would be sending one Ashuthosh who will complete the said remaining work without seeking any extra amount and whatever the balance is to  be paid will be collected.

3.     Afterwards Ashuthosh demanded Rs.16,000/- to be paid as per the new quotation and the complainant agreed to pay the same provided the work is completed as early as possible. Even Ashuthosh also did not start the work and demanded Rs.50,000/- to be paid. Though the said amount was paid, he sent a message that he has ordered few kitchen items, Pantry, Magic corner, Viker Basket etc., and also told that it is a Diwali time, labourers are not available, and he will ordered the required materials and keep it ready and start working after Diwali, finish the same within 2 or 4 days.

4.     The materials purchased by Ashuthosh was not of good quality and defective. The same was brought to the notice of Ahuthosh.  Though she tried to contact the said persons, OP did not respond to the calls and did not complete the work inspite of receiving Rs.3,45,000/- from her. Though she had fixed the date of pooja to the house, the work was not completed and OP has duped her by receiving the entire money and not completing the work.  Legal notice was also issued to both Harikesh and Ashuthos. Inspite of it, they have not completed the work and not refunded the amount. Hence there is deficiency in service and prayed the commission to allow complaint.

5.     Upon issuance of notice, OP did not appear before this commission inspite of service of notice and hence placed exparte.

6.     In order to prove the case, complainant 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?

7.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following:

REASONS

POINT No.1:-

8.   Perused the complaint, affidavit evidence and the documents produced by the complainant from it, it becomes clear that as per Ex.P3, OP agreed to complete the work and has given a quotation and also the cost of each item for Rs.3,45,000/-.  It is also mentioned therein that as per Ex.P4, Op has received Rs.2,95,000/- and afterwards as per Ex.P5 the remaining Rs.50,000/-. The series of correspondences the email and the whatsapp messages, clearly shows that OP did not complete the work well in time as agreed in the quotation raised, even though he has received Rs.3,45,000/- from the complainant. In view of this, having received the entire amount, it is the duty of the OP to complete the work within the time agreed and handover the possession of the house.

9.     Though legal notice was issued and notice for appearance issued by this commission OP remained silent without answering the said notices and without making their stand clear in respect of the allegations made. Hence the allegations made against OP remains unchallenged which has to be taken as proved. Hence there is deficiency in service on the apart of OP in not completing the interiors within the time agreed even though he had received a sum Rs.3,45,000/-. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT No.2:

10.   Complainant has sought refund Rs.3,45,000/- which she has paid to OP and Rs.1,50,000/- towards damages. As per her own evidence and the averments in the complaint, OP has done some work whereas OP did not complete the same which has become useless for the complainant to get the benefits of the said interiors. In view of the partial work done by OP, we are of the opinion if some time frame is fixed for OP to complete the work, would be just and proper under the circumstances, of the same has not been completed by the complainants by engaging other service agencies. In case the remaining work got completed by other agencies then the difference of amount spent by complainant to get the work completed has to be refund to complainant by Op with interest at 12% per annum from the date of complaint.

11.   The act of OPs has certainly put the complainant to undergo severe mental agony and hardship  and also financial loss and physical strain, for which the OP has to compensate the complainant by paying a sum of Rs.75,000/- and further a sum of Rs.10,000/- towards the litigation expenses. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1.   Complaint is allowed in part with cost.

2. OP i.e. Saraswati Interiors represented by Sri.Harikesh and Sri.Ashuthosh both are directed to complete the remaining work and finish the same as agreed in the agreement between them and complainant within 60 days from the date of receipt of this order. Failing which to refund the amount spent to complete the work along with interest at 12% per annum from the  date of filing of this complaint i.e. 12.01.2022 till payment of the entire amount.

3. Further OP is directed to pay a sum of Rs.75,000/- damages and Rs.10,000/- towards cost of the litigation expenses.

4. 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.

5.  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 failing which the same will be weeded out/destroyed.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 29^TH DAY OF JUNE 2022)

MEMBER                 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: Copy of the Aadhar card of the complainant

Ex P2: Copy of the legal notice

Ex. P3: Quotation copy

Ex P4: Copy of the revised quotation by Mr.Ashuthosh

Ex P5: Payments screenshoots

Ex P6: Copy of the whatsapp chat of OPs.

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

RW-1: - Nil -

Copies of Documents produced on behalf of Opposite Party/s

- Nil -

MEMBER                 MEMBER               PRESIDENT

RAK*