CHELAKARA RAMASWAMY Vs. ECO BOARD INDUSTRIES LIMITED

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. His grievance as reflected in the complaint is that for interior decoration of kitchen of his flat, he had, on reference by his friend Commander Satish Prasad, approached the third opposite party who after inspecting the kitchen entrusted the work to the fourth opposite party and promised the complainant that the fourth opposite party would carry out the interior decoration of the kitchen. The fourth opposite party prepared estimate on 22nd September 2009. The works were estimated, after giving the discount of 15%, at Rs.1,47,569/-. The fourth opposite party promised to complete the work by 10th October 2005 for the value of Rs.1,35,000/- and agreed to the amount of Rs.1,20,000/- in case there would be delay in execution of the work and the amount was payable in three stages, Rs.50,000/- prior to the date of commencement of work at the time of commencement of work and the balance after completion of the work.

(2.) The first opposite party promised the complainant that the fourth opposite party was authorized to carry interior work with the material of the Eco board, on behalf of the opposite parties no.1 to 3. The complainant paid an amount of Rs.50,000/- to the fourth opposite party. The third opposite party assured the complainant that he would coordinate with the fourth opposite party to ensure proper Eco Board accepted quality job within the stipulated time. The fourth opposite party has not commenced the work as agreed and there was no response to the request in this regard made by the complainant to opposite parties no.3 and 4. The complainant has paid Rs.20,000/- that was demanded by the fourth opposite party. On contrary to what was agreed that the fourth opposite party would bring the material in knocked down condition to the flat of the complainant and he would reassemble it there, simply moved the material to the complainants house. The fourth opposite party could not complete the job because the boards were of uneven side and not preassembled as also for the use of sub-standard Eco Board produce manual and cheap V metal clamps. The material brought by the fourth opposite party was not as per the standard and as such he abandoned the job.

(3.) The complainant complained to the opposite parties no.1 to 3 and requested them either to get the work completed by the fourth opposite party or return the amount of Rs.20,000/- paid to the fourth opposite party. The first opposite party assured the complainant that he would get the work done by a responsible person. The second opposite party on 10th November, 2005 instructed the fourth opposite party to complete the work within ten days using Eco Board standard fittings as per Eco board standards and without using V metal clamps. On 29.12.2005 the fourth opposite party promising for the replacement taken away the material one Skelton unit and assured the complainant that he would complete the work till 4th January 2006. The opposite parties failed to complete the interior work of the kitchen of the complainants flat. The opposite parties no.1 to 4 are jointly and vicariously liable to pay damages to the complainant.