BEFORE HON’BLE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, AT BENGALURU

Consumer Complaint No. 240/2022

BETWEEN:
Mr. Badarinath. P … Complainant

AND:
M/s Carafina Designs ...Opposite Party

EXAMINATION-IN-CHIEF OF THE PLAINTIFF BY WAY OF

AFFIDAVIT:-
I, Badarinath P, Aged about 62 years, S/o P. Krishnaiah Chetty,
residing at Flat No. 2014, 1 st Floor Sobha Clovelly,
Subramanyapura Main Road, Dr. Vishuvardhan Road,
Gowdanapalya, Bangalore - 560061 do hereby solemnly affirm and
state on oath as under;
1. I am well aware of the facts and circumstances and hence
swearing to this affidavit on my behalf. I state that the averments
in the plaint may be read as part and parcel of this affidavit to
avoid repetition
2. I state that I am a senior citizen and am the lawful owner of Flat
No.2014 of Sobha Clovelly Apartments located at
Subramanyapura Bangalore. I further state that once I had
purchased the property, I had hired the Opposite party M/s
Carafina Designs to oversee the construction of the interior
decorations for my new property as they were a well reputed
company with an alluring marketing campaign and a large team
to oversee the various duties of the decoration.
3. I state that the Opposite Party in their marketing campaign had
advertised themselves as an interior design company carrying out
interior works on Turnkey basis meaning they were contractually
liable and responsible for the design, supply, manufacture, site
preparation, service, installation, commission of equipment, test
and trails, maintenance and handing over of the property to the
purchaser. I further state that on 22.11.2020 I first visited the
 Opposite Parties offices to enlist their services following which
complying with their company policy I deposited a sum 20,000/-
(Twenty Thousand Only) on 02.12.2020 as signing amount and
to initiate the designing process thereby beginning our
contractual relationship
4. I state that the Opposite party had submitted to me a detailed 3d
presentation of the proposed interior work to be carried out on
my Flat No.2014 on 09.01.2021 followed by the 1st quotation on
the project amounting to a total Rs19, 63,712/- (Rupees
Nineteen Lakh Sixty Three Thousand Seven Hundred Twelve
Only) after discounts. I further state that the Opposite Party had
promised me that the project would be completed to its fullest
and the property would be handed over to me within 67 days.
5. I state that on the same day without any delay the Opposite
Party also asked me to transfer 5% of the total amount i.e. Rs1,
00,000/- (Rupees One Lakh Only) to their Axis bank account at
Indiranagar in order to confirm the construction order, followed
by another intimation on the 29.01.2021 to transfer the
remaining 45% of the initial 50% of the payment to begin
construction. I further state that on 15.02.2021 I had transferred
an amount of 8,86.000/- (Eight Lakh Eighty Six Thousand Only)
amounting to 50% of the total estimate through Single Entry
Payment.
6. I state that although I was convinced of the Opposite Party’s
assurances of completing the interior work within the stipulated
time period, I had on numerous instances notified the Opposite
Party that time was of the essence and the property was to be
completed at the fastest estimate possible without degrading the
quality of the work. I further state that on 05.03.2021 I had
agreed to the design plans proposed by the Opposite Party and
we had expressly agreed that the entire interior work will be
completed within 60 days from the date of approval of design that
is on or before 5th of May 2021.
7. I state that on 09.04.2021 the entire cabinetry and the
accompanying wood work had reached the construction site and
 the installation process had begun and yet at every turn I found
resistance by the company employees and poor quality
craftsmanship in the construction site. I further state that on
13.04.2021 as per the agreed upon conditions of the contract
between us an interim payment was made to the amount of Rs7,
52,245/-(Rupees Seven Lakhs Fifty Two Thousand Two Hundred
Forty Five Only) by me.
8. I state that due to the Corona Virus Lockdown in the State of
Karnataka work on the property had halted from the 28.04.2021
until 14.06.2021 and only after 23.06.2021 did the work
continue on site and only due to my active participation at the
property premises as the Opposite Party’s employees had shown
no initiate to complete the work on time.
9. I state that the Complainant even though being a senior citizen I
had to on numerous occasions manage the construction on my
own time and had to even point out glaring mistakes in the
execution of the designs by the employees of the Opposite party. I
further state that the careless attitude born from the lack of
supervision by the Opposite Party’s senior staff had led to
damage of the flooring tiles, living area skirting tiles and the
kitchen wall tiles which are also broken and damaged.
10. I state that even after the substandard work demonstrated by
the Opposite Party’s employees their promptness and motivation
for collecting money and asking for payments were impressive
and as a result despite the lack of professionalism and overall
progress I completed the final payments based on the third
estimate of the Opposite Party on 25.10.2021 to the amount of
5,70,561/-(Five Lakh Seventy Thousand Five Hundred Sixty One
Only) thereby completing 100% of the outstanding amount. I
further state after numerous delays and the outright callous
attitude of the Opposite Party’s senior staff and labours had
become a constant source of stress and grievance for me, yet
despite my old age I kept an active role in the construction
premises. Furthermore, despite assuring me the completion of
 the project within 2 months it had effectively dragged on to 13
months with no signs of completion.
11. I state that on 10.12.2021 days before the supposed
completion of the project and the subsequent hand over of the
property the Opposite Party had sent me a Warranty Certificate
for a period of 5 years on all completed items including both
movable and immovable from the date of installation. I further
state that the warranty covers any defects in workmanship and
materials including installation by their employees.
12. I state that when eventually the Opposite Party finished the
construction and handed over the property to me, it became
immediately clear that the quality of work done was heinously
misleading as even after exceeding the allotted construction time
large sections of the property were left unfinished including the
(i)Wallpapers in the Master Bedroom,
(ii)Foyer and Shoe rack cushioning,
(iii)Damage to Kitchen Tiles by the Carpenters
(iv)Living Area skirting tile damage
(v)Non alignment of doors and drawers
(vi) KBR Wallpapers has already started opening up from the joints
(vii) Final Coat of Painting and Polish touch up
(viii) Kitchen handles with rough edges filling as it hurts the user
upon use
(ix) Kids Bedroom remains incomplete without polishing
13. I state an estimate value of the damages caused by the
Opposite Party and its employees including the ones listed above
amounts to Rs3,27,898(Rupees Three Lakh Twenty Seven
Thousand Eight Hundred Ninety Eight Only) followed by the loss
of nominal rental income amounting to Rs2,50,000 (Two Lakh
Fifty Thousand Only)

14. I state that as I am a senior citizen I have been subjected to

severe mental trauma and stress due to improper or no project
site supervision, undue delay, poor workmanship and severe
deficiency of service on the part of the Opposite Party. I further
 state that due to the callous attitude of the Opposite Party’s
agents and senior employee and my effort to ensure work gets
done promptly has led to a grave deficiency of service and breach
of contractual liability on part of the Opposite Party leading to
this suit in this Hon’ble Court.

15. I state that as I was aggrieved by such acts and deeds of the
Opposite Party I have caused a Notice dated 02.06.2022 through
my counsel, seeking to redo the defective work left incomplete
prior to the handing over of the property. I further state that the
Opposite Party replayed to the legal notice dated 02.06.2022 via
letter on 05.07.2022 seeking permission to conduct a
video/photo-shoot of my property as a goodwill gesture, which
would do little to rectify their mistake.

16. I state that on 15.07.2022 a rejoinder notice was sent by the

my counsel detailing how the goodwill gesture of the Opposite
Party was nothing more than a delaying tactic and did very little
to resolve the deficiency of service on their part. Furthermore it
highlighted the fact that the said video/photo-shoot was
supposed to be finished prior to the handing over of the property
not after so many months.

17. I state that, in light of the above submissions it is abundantly

clear that there is a clear deficiency of survice on the part of the
opposite party and that as per their legal and contractual
obligations they are entitled to reimburse me for the damages
caused by their employees and for the mental trauma and agony
I have suffered as a direct result of the deficiency of survice of the
Opposite Party. I further state that in support of my
submissions, the following documents are submitted by me
before this Hon’ble Court which may be marked in my evidence.
a) The receipt of transfer of the advance of Rs. 20,000/- is herein
produced as Annexure No.1
b) The receipt of Single Entry Payment made on 15.02.2021 by
the Complainant for an amount of Rs. 8,86,000/- amounting
 to 50% of the total estimation is herein submitted as
Annexure No.2
c) The receipt of the final payments based on the third estimate
of the Opposite Party on 25.10.2021 to the amount of Rs.
5,70,561/- is herein submitted as Annexure No.3
d) Copy of the Warranty Certificate is herein submitted as
Annexure No.4
e) Copy of the Notice, Postal receipt and acknowledgement form
is herein submitted as Annexure No.5, 6 & 7
f) The letter of the Opposite Party dated 05.07.2022 and the
rejoinder notice dated 15.07.2022 is herein submitted as
Annexure No.8 & 9

WHEREFORE, in the light of the above submissions, this Hon’ble

Court, be pleased to decree my suit as prayed for and thus render
Justice.
I, Badrinath. P, the deponent herein state and verify that what all
stated by me in the above paragraghs are true and correct to the
best of my knowledge, information, and belief.

“Identified by me”

Advocate Deponent
 BEFORE HON’BLE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, AT BENGALURU

Consumer Complaint No. 240/2022

BETWEEN:
Mr. Badarinath. P … Complainant

AND:
M/s Carafina Designs ...Opposite Party

LIST OF DOCUMENTS

Sl.No Particulars Annexure Page No.

. Nos.
1. The receipt of transfer of the 1
advance of Rs. 20,000/-
2. The receipt of Single Entry 2
Payment made on 15.02.2021 by
the Complainant for an amount of
Rs. 8,86,000/- amounting to 50%
of the total estimation
3. The receipt of the final payments 3
based on the third estimate of the
Opposite Party on 25.10.2021 to
the amount of Rs. 5,70,561/-
4. Copy of the Warranty Certificate 4
5. Copy of the Notice, Postal receipt 5, 6, 7
and acknowledgement form
6. The letter of the Opposite Party 8, 9
dated 05.07.2022 and the rejoinder
notice dated 15.07.2022

Place: Bengaluru
Date: Complainant