IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 28th day of February, 2017.
Filed on 28.06.2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.211/2016
Between
Complainants:- Opposite parties:-
- Sri. Jain Jakson 1. The Chief Executive
Thekkeveedu Indian Furniture
East of North Police Station Product Ltd, G-106
Alappuzha Bazar. P.O Sidco Industrial Estate
Pin-688 012 Kakalloor, Thiruvalloor
602003, Tamilnadu.
2. The Manager
2. Sri. Jos Lanson Indian Furniture Thekkeveedu Product Ltd, Ground Floor
East of North Police Station Fortune Arcade
Alappuzha Bazar. P.O Near Vasan Eye Care
Pin-688 012 Hospital, Paadivatton
NH Bypass Road
Cochin- 682 024
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainants in short is as follows:-
The complainant had approached the opposite parties for the purpose of installing a modular kitchen. The kitchen Designer of the opposite parties Mr. Shameem designed a ‘L’ shaped kitchen and in the corner side of the said ‘L’ shaped kitchen there is a carrousel pull out tray named magic tray and the opposite party assured to install the Modular Kitchen along with the magic tray. The total amount for installing the said modular kitchen was Rs. 1, 45,000/- and the same was paid by the complainant in two installments. But the opposite parties issued bill only for Rs.1, 35,000/-. When the materials for the said modular kitchen were delivered the complainant noticed some of the items were missing. The complainant has sent several e-mails and letters to the opposite parties to provide the missing items but the grievance of the complainants have not been redressed. There after the complainant approached the 2nd opposite party directly and then he came to know that the kitchen division of the opposite parties has been ceased. The complainant further alleged that the opposite parties assured 2 years warranty for the said modular kitchen. According to the complainant since the opposite party has ceased the kitchen division the complainant could not get the warranty benefits hence prayed for refund of the amount paid together with compensation and cost.
2. Notice were served to the opposite parties.Opposite parties appeared before the Forum and filed version.
3.Version of the opposite parties is as follows:-
The opposite party has never assured the complainant that they will provide carrousel pull out Tray (Magic Tray) with other accessories.The complainant has not paid an amount of Rs. 1,45,000/- to the opposite party and the complainant is not entitled to get any relief against the opposite party and the complainant may be dismissed.
4. The complainant was examined as PW1 and documents Ext.A1 to Ext. A8 were marked.
5. Considering the allegation of the complainants and contention of the Opposite Parties the Forum has raised the following issues:-
- Whether there is any deficiency in the service on the part of the Opposite Parties?
- Whether the complainant is entitled to get the relief as prayed for?
6. The case of the complainants is that they had approached the 2nd opposite party for the purpose of installing a modular kitchen at their residence and the kitchen designer of the 2nd opposite party designed a ‘L’ shaped design and in the corner side of the said L shaped design there is a carrousel pull out tray (Magic Tray) and the complainant paid a total amount of Rs. 1,45,000/- to the opposite parties. When the material for the modular kitchen was delivered the complainant noticed that the magical tray and some other accessories were missing. On enquiry the opposite party assured to provide the Magic Tray. But the Tray has not been provided so far. In the mean time the complainant came to know that the kitchen division of the opposite parties has been ceased. According to the complainants since the opposite parties has been ceased the kitchen division they would not get the warranty benefits. The complainants sustained much mental agony and hence filed this complainant seeking refund of amount paid together with compensation and cost. The main contention of the opposite parties is that they never assured to provide the carrousel pull out Tray (Magic Tray) to the complainants.
7. The complainant produced 8 documents to substantiate their allegation Ext. A1 is the copy of the pass book which shows that an amount of Rs. 72,500/- has been credited to the account of the opposite party on 23-07-2015. Ext.A2 series is the plan of modular kitchen and quotation. Ext.A3 is the copy of SBI Pass book. Ext.A4 is the invoice dated 2-9-2015 for an amount of Rs. 1, 35,000/-. Ext.A5 is the Advertisement. Ext.A6 series are the copy of the e-mail sent to the opposite party. Ext. A7 is the copy of registered notice given to the 1st opposite party dated 18-01-2016. Ext.A7 series are the notice issued to the opposite party (3 No’s). Ext.A8 is the copy of AD card. The complainant is not satisfied with the modular kitchen installed by the opposite party as some of the assured items were not delivered to the complainant mainly the magic tray. There after the complainant has sent so many e-mails and letters to the opposite parties requesting to provide the items which were missing. But the opposite parties have not made any earnest effort to redress grievance of the complainant.
The complainants paid the entire amount in advance. But the installation of the modular kitchen remains in-completed. This shows that the opposite parties were interested only in the sale of their products Ext.A6,Ext.A7 and Ext.A8 clearly shows the irresponsible attitude of the opposite parties. On a plain perusal of the documents produced by the complainant it is categorically revealed that the opposite party has committed material omissions and has not acted in line with what had been agreed to the complainants. Therefore the opposite parties have committed deficiency in service and the complainant is entitled to get the relief.
In the result the complainant is allowed the opposite parties are directed to provide the materials which were missing including the carrousel pull out tray (Magic Tray) to the complainants and complete the work with utmost perfection to the satisfaction of the complainant. The opposite parties are further directed to pay an amount of Rs. 5000/- (Rupees Five thousand only) towards compensation and 1000/-(Rupees Thousand only) towards cost. The order shall be complied within one months from the date of the receipt of this order, failing which the opposite parties are directed to take back the items and refund the price Rs. 1,35,000/- (Rupees One Lakh Thirty five thousand only) with 9 % interest from the date of complaint till realization.
Pronounced in Open Forum on this the 28th day of February, 2017.
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
PW1- Jain Jakson
Evidence of the complainant:-
Ext.A1 - Copy of passbook
Ext.A2 - Plan of modular kitchen and Quatation
Ext.A3 - Copy of SBI Pass book
Ext.A4 - Copy of Invoice Dtd. 2/9/2015
Ext.A5 - Advertisement notice
Ext.A6 - Copies of E-mails
Ext.A7 - Copy of Registered notice
Ext.A8 - Copy of AD card
Evidence of the opposite parties:- Nil
-//True copy//-
By Order,
Senior Superintendent.
To
Complainants/Opposite parties/S/F
Typed by:Br/-
Compd.By:
