Design altered? Not your problem

Pushpa Girimaji

Six months ago, my wife and I purchased a flat and contacted a company that builds modular kitchens to design and execute one for us. Accordingly, we approved a particular design, material and colour and, as per the contract, they were to complete the work within two months. However, they took four months to complete the work and what they delivered was not what was chosen by us. Having paid a hefty sum for the job, we are terribly upset and disappointed. I must mention that we had paid 70 per cent of the cost of the work and have now refused to pay the remaining 30 per cent till rectification of the work. What are our options?

Please send them a notice asking them to immediately remodel the kitchen as per the approved plan and collect the rest of the money or refund the 70 per cent amount paid to them along with the interest and compensation, so that you can get some other company to complete the work to your satisfaction. You can also inform them of your intention to go to the consumer court in case they do not take either of the steps. Tell them that their unprofessional behaviour has not only caused you immense mental agony but also delayed your moving into your home, yet you are giving them this option in the hope of settling the matter. 

Hopefully, the company will respond positively to this offer. If they do not do so, I would suggest that you send them another letter informing them of your intention to get some other company to execute the work. Get an acknowledgement for your letter and get some other company to provide you a modular kitchen. This will, of course, further delay your moving into your flat and you will also be paying the new company, but I do not see any other option before you if the first company does not keep up its promise.

The next step is to file a complaint before the consumer court against the first company, seeking refund for the money paid by you , along with interest and compensation for the delay in your moving into your new house, besides the inconvenience, hardship and mental agony suffered by you. You must also ask for litigation costs and punitive damages.

I am, of course, assuming that you have copies of the contract signed by you with the company with regard to the modular kitchen’s design, cost and the time frame for completion of the work. Keep these papers safe, as also your letters to the company. You will need them when you file your complaint.

What are the provisions in the Consumer Protection Act that will help me?

First of all, the behaviour of the modular kitchen company falls under the definition of “deficiency” in the CP Act. It defines “deficiency” as any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

So, for having designed a modular kitchen that was different from the one agreed to, the company is guilty of having provided a deficient service. 

Second of all, in Lucknow Development Authority Vs MK Gupta, the Supreme Court made it clear that if a service is defective or is not what was represented, then it would constitute unfair trade practice. In addition, the company did not complete the work within the agreed time. Such delay in the provision of service, the court held, is denial of service and constitutes deficiency. 

Third of all, even when you pointed out the deficiency, the company was not prepared to rectify it and that is also considered deficiency in service.

The company is also guilty of restrictive trade practice, if all this delay leads to an increase in the cost of completing your kitchen work. The definition of ‘restrictive trade practice’ includes “delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led to or is likely to lead to rise in the price.”

Thus, for the consequences of such deficiency in service as well as unfair and restrictive practice, you are entitled to compensation under the CP Act.