Decided on August 19,2020

Aarush Kitchen And Bedrooms Appellant
Pratap R. Sawant And Ors. Respondents


PREM NARAIN - (1.) This first appeal has been filed by the appellant Arush Kitchen and Bedrooms challenging the order dated 3rd August 2018 passed by the Goa State Consumer Disputes Redressal Commission (in short 'the State Commission') in consumer complaint No. 09 of 2017.
(2.) Brief facts of the case are that the respondents/ Complainants are the owner of a bungalow and awarded a contract to the appellant/OP to undertake a complete and comprehensive renovation of the said bungalow. The work included General, Civil, Electrical, Plumbing and Sanitary, Tiling etc. The quotation of the said work was given by OP as Rs.37,11,000/- dated 03.11.2014. The OP was required to start and complete the renovation work upon the receipt of 35% advance amount of the total estimate and the complainant made the 35% advance payment on different dates via issuing of cheques. The work in the said bungalow was required to be finished by the OP by the end of July 2015. Complainant alleges that though the OP started with some of the proposed works, not only failed to complete them by the end of July 2015 but also failed to maintain quality and standard in respect of the work. Legal notices were also sent by the parties through their counsels. Complainant states that they have already paid to the OP the entire amount of Rs.46,50,000/- which is more than what is mentioned in the estimate dated 03.11.2014. State Commission vide its Order dated 03.08.2018 passed the following order:- "I. The complaint is partly allowed. II. Opposite Party is directed to refund an amount ofRs. 28,10,000/- to complainant with simple interest @9% per annum thereon from 23 rd September 2016 (being the date of last payment by complainant to opposite party) till date of payment in compliance with this Order. Said amount represents such items in Opposite party's Estimate of 03/11/2014 (which is the basis of understanding between parties), that were left incomplete or not even commenced. III. Opposite party shall further refund sum ofRs. 10,00,000/- to complainant with simple interest @9% per annum thereon from 23 rd September 2016 (being the date of this payment made by complainant) till date of payment in compliance with this order. This is the sum paid over and above estimated cost without receiving any measurements/bills, and after which opposite party abandoned work. IV. Opposite party shall also repair the improperly aligned door frames at the suit site within 45 days from date of this order. V. Complainant is awarded compensation ofRs. 1,00,000/- for his mental torture and harassment at being denied peaceful living in his own bungalow due to site conditions that have rendered it uninhabitable in spite of effecting much more than agreed payment. VI. Complainant is further awarded cost ofRs.20,000/- VII. Opposite party shall comply with all above directions within 45 days of receipt of this order. "
(3.) Hence, this appeal.;

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