Parties: Kavita Nair v. Modular Kitchen Solutions & Interior Systems
Facts: The complainant contracted a turnkey modular kitchen vendor for ₹2,80,000, paying ₹1,95,000 advance. The agreement stipulated factory-calibrated Boiling Water Resistant (BWR) marine plywood with 45-day guaranteed completion. The vendor delivered cheap Commercial Particle Board (MDF), misaligned wall cabinets, left granite counters unmounted, and abandoned the project after 90 days. The vendor argued the delay was due to customer modifications.
Commission Holding: The State Commission dismissed the vendor's appeal, ruling that delivering sub-standard particle board in place of contracted BWR marine ply is an actionable breach of contract and deceptive trade practice. Failing to complete installation within reasonable commercial limits constitutes gross service deficiency. The commission affirmed an order directing the vendor to refund the excess advance of ₹1,95,000, pay ₹35,000 for living hardship (having to order daily food), and ₹10,000 in litigation costs.
Final Award: ₹1,95,000 Advance Refund + ₹35,000 Hardship Compensation + ₹10,000 Costs