Cheer Factory warning – Premises filty

Concerned 99

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THE CHEER FACTORY – WARNING – PREMISES FILTHY. A NSW Tribunal has found the premises of The Cheer Factory, 331 Barrenjoey Rd, Newport, filthy and has awarded the landlords $43,343.88 to clean the premises and repair damage.

On 4 September 2019 the New South Wales Civil & Administrative Tribunal (NCAT) handed down its decision that The Indian Pub & Co Pty Ltd, trading as The Cheer Factory, is to pay its landlords $43,343.88 to compensate them for the cost to clean the filthy premises and repair the damage that they had left.

At the Tribunal Hearing, Mr Sunil Lamba represented the sole Director of the Company, his son, Duschan Lamba. Duschan left it up to his father as the mouth piece to attempt to mislead the Tribunal.

Right from the start of the lease in 2013 Sunil Lamba was up to form. He falsely signed the lease as a Director, when in fact he was not a Director. This was just one of numerous deceptive and misleading actions of Sunil Lamba that was revealed at the Tribunal Hearing.

Of major concern to customers of The Cheer Factory Indian restaurant would be the state of the kitchen and bar area where food was prepared and drinks served. It was found filthy. Evidence presented to the Tribunal showed the kitchen’s walls, floor, sinks, tiles, ceiling, window, lights, fittings, stainless racks, plumbing, and fridges, covered in grease, dirt, food scraps and mould.

The following photos are from the kitchen. Knowing this, would you would want to eat, or order takeaway, from this restaurant?
  • Photo 1 – Power point.
  • Photo 2 – Plumbing.
  • Photo 3 – Wall tiles.
  • Photo 4 – Wall tiles and stainless sink.
  • Photo 5 – Switchboard top.
  • Photo 6 – Window.
  • Photo 7 – Bar fridge glass doors.
  • Photo 8 – Fluro light diffuser.

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Sunil Lamba, under oath, said that he did not know how the premises became dirty! The Tribunal called this response “disingenuous”. In other words, Sunil Lamba lied.

The Tribunal stated:
The photographs (presented by the landlords) show, in my view, that little or no effort was made to clean the premises. Moreover, I find the lessee’s assertion to the effect that it is unable to comment on how the premises became dirty to be disingenuous. Having regard to the photographs relied upon by the lessors, I am comfortably satisfied that by the time the lease ended the surface areas of the kitchen and bar were in an extremely dirty condition necessitating the engagement of contract cleaners.”

The Tribunal also described Sunil Lamba’s submissions as inherently inconsistent’ and “highly implausible”.

Presented in evidence was the following:
  • A Pest Management Report – which noted the presence of cockroaches.
  • A Council Health Inspector’s Report – which noted breaches of the Health requirements.
  • 293 photos listing and describing the breaches of the lease and the filthy condition in which The Cheer Factory traded and left the premises.
  • Quotes from tradesmen to repair the damage.
In his Statutory Declaration Sunil Lamba swore an Oath that what he had written was the truth. Based on the evidence provided by the landlords the tribunal dismissed his Stat Dec.

After several Tribunal appearances, where the false and misleading statements of Sunil Lamba were made clearly evident, Sunil’s son, Duschan, was sardonically asked:

“You must be proud of your father”.

His response was: “Yes, I am.”

With this response, what comes to mind is the old idiom – “The apple doesn’t fall far from the tree.”

Or, the lyrics of Cat Stevens –

“And he walked away, but his smile never dimmed
It said, I'm gonna be like him, yeah
You know I'm gonna be like him
…………………
And as I hung up the phone, it occurred to me
He'd grown up just like me
My boy was just like me”
 
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