DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 377 of  2022

 

Sri Pranab Roy,

S/O- Sri Gopal Chandra Roy,

Joradighir Par, Banamalipur,

P.S. East Agartala, 

District- West Tripura- 799001. ...........Complainant.

 

 

-VERSUS-

 

 

1. Ultra Fresh Modular Solutions Ltd.,

Represented by its Managing Director,

C-15L & C- 15R,

First Floor Mansarver Garden,

New Delhi- 110015.

 

2. Star Enterprises,

Authorized Distributor of Ultra Fresh

Modular Solutions,

Agartala City Centre,

Ground Floor(East Side),

P.S. - West Agartala,

District- West Tripura- 799001.

 

3. Sri Sushanta Shil,

Authorized Signatory of Star Enterprise,

Agartala City Centre,

Ground Floor(East side),

P.S. West Agartala, 

District- West Tripura-799001.

 

4. Sri Arindam Ghosh,

General Manager(East),

Ultra Fresh Modular solutions Ltd.,

112/1/1 Raja Dinendra Street,

Kolkata- 700004.     .......Opposite Parties.

 

   

 

 __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For  the  O.Ps : Sri Manojit Saha,

 

 

 

F I N A L    O R D E R

1. The complainant, Pranab Roy has filed this complaint against the O.Ps alleging inter alia that Star Enterprise, Agartala is the authorized distributor of Modular Solutions, Agartala. The O.P. No.1 is the Managing Director of Ultra Fresh Modular Solutions Ltd. having its office in new Delhi. O.P. No.4 is the General Manager(East) of Ultra Fresh Modular Solutions Ltd. having its office at Kolkata.

1.1 In the month of November, 2021 the complainant paid Rs.2 Lakhs to the O.P. No.3, the Authorized Signatory of Star Enterprise, the O.P. No.2 as advance out of total amount of Rs.3,20,000/- for making his kitchen a Modular kitchen. The complainant paid the balance amount of Rs.1,20,000/-  to the O.P. No.2 on 23.03.2022. Accordingly the money receipt was issued by O.P. No.3 on behalf of O.P. No.2. The warranty period was 15 years.

1.2 Materials of Modular kitchen reached the complainant on 15.07.2022 and work was started on 16.07.2022 but the complainant after alleged completion of work, found 2 nos. of upper boxes were not installed, one bottle basket, one plain basket were also not provided. The chimney which was removed was also not fitted. The alignment for all the boxes were not properly fitted. The complainant lodged complaint with O.P. No.3 asking for 2 upper boxes, 2 basket and corner almirah and also for fitting the chimney. By Email dated 22.07.2022 the O.P. No.4 informed that after discount total cost of the modular kitchen was Rs.3,55,000/- but the complainant paid Rs.3,20,000/- as such the upper boxes were not fitted.

 

2. By order dated 21.02.2023 the case has been proceeding exparte against O.P. No.1, 2 and 4. 

2.1 The O.P. No.3 in written objection denied and disputed the case of the complainant and stated that before agreement the complainant was asked to shift his kitchen to make a Modular kitchen  which the complainant did not do and the Kutchina Chimney was removed by the complainant  which the complainant is/ was supposed to fit it again at the cost of the complainant because chimney is not part of the Modular kitchen. The complainant never approached the O.P. No.3 and never complaint to customer care of the O.P. No.1, if the complainant has any grievance. The correspondence between the complainant and the O.P. No.4 regarding discount matter etc. O.P. No.3 has no knowledge. 

3. The complainant filed evidence on affidavit with documents.

3.1 The O.P. No.3 also submitted evidence on affidavit with documents. 

 

4. Hearing argument following points are taken up for discussion and decision:-

  (i) Whether there is any deficiency in service on the part of the O.Ps?

  (ii) Whether the complainant is entitled to get compensation and relief as prayed for ?

 

Decision and reasons:-

5. The Email dated 22nd July, 2022 communicated by Anirban Ghosh, General Manager, East addressing the complainant shows that total amount to be paid was Rs.3,55,000/-  but since the complainant paid Rs.3,20,000/-, 2 upper boxes were removed because of price issue.

5.1 The O.P. No.3 is employee of the organization which we find from the correspondence dated 04.11.2022 communicated by Anirban Ghosh by Email.

5.2 In this case, the case has been proceeding exparte against the O.P. No.1, 2 & 4 vide order dated 21.02.2023 as inspite of receiving summon they failed to appear and contest the case. The admitted position is that Sushanta Shil, the O.P. No.3 being an employee deposited sum of Rs.3,20,000/- to the account of the other O.Ps. The money receipt dated 12.11.2022 and 23.03.2022  issued by Sushanta Shil on behalf of the other O.Ps proved that the sum of Rs.2 lakhs and Rs.1,20,000/- respectively, in total Rs.3,20,000/- was paid to the O.Ps for installing the Modular kitchen. There is no whisper in this 2 receipts that the complainant has to pay any amount extra for fixing 2 upper boxes. Further, Sushanta Shil, O.P. No.3 clearly mentioned in this 2 receipts that the full and final amount was Rs.3,20,000/-. Therefore, Sushanta Shil, the O.P. No.3 now has come forward in disguise to protect the O.P. No.1, 2 and 4 who have failed to contest the case. Therefore, the submission of O.P. No.3 that the documents communicated by Arindam Ghosh, the General Manager of Star Enterprise  who is the O.P. No.4 in this case that total amount to be paid is Rs.3,55,000/- but since the complainant paid Rs.3,20,000/-, 2 upper boxes were removed is not acceptable. This is unfair trade practice on the part of the O.Ps and in all probability for that reason the O.P. No.1, 2 and 4 have not contested this case. As such, in law they have admitted the complaint of the complainant.

5.3 However, the other claim of the complainant regarding fixing of chimney is rejected for the reason that fixing of the old chimney by the O.Ps does not form part of the package of installation of Modular kitchen.

6. The points are decided accordingly.

7. In the result it is ordered that the O.P. No.4 shall either install the 2 upper boxes to the satisfaction of the complainant within 30 days from the date of this order otherwise shall pay compensation of Rs.75,000/- for deficiency in service and unfair trade practice. This amount is to be paid within 30 days from today otherwise it shall carry interest @ 7.5% P.A. From the date of filing the case i.e., 26.08.2022 till the date of actual payment.

8. The case stands disposed off. 

9. Supply 2 copies of this order to the complainant. The complainant shall communicate one copy to the O.P. No.4 by post. Also supply a copy of this to the Learned Counsel of the O.P. No.3.

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.