DATE OF FILING : 10.02.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31st day of July, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.37/2010

Between

Complainant : V.M.Siddique,

Veliyathukudy House,

Adimali P.O,

Mannamkala Kara,

Idukki District.

(By Adv: Naiju Raveendranath)

And

Opposite Party : Abdul Salam,

Olichalil House,

Adimali P.O,

Adimali,

Idukki District.

(By Adv: M.M.Lissy)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complainant entrusted the opposite party on daily labour basis for carrying out the work of erection of sheet roofing for a lean to his building at Kanjiraveli, Adimali. It was agreed to pay Rs.600/- for a man per day for carrying out the work including that of the opposite party and also to pay Rs.500/- per day for the usage of the welding machine of the opposite party. The opposite party was also agreed to provide two other workers with him. The complainant purchased all the materials for the same and kept at the site. On 12.12.2009 the opposite party and two workers came at the site and made believe that welding rods worth Rs.2,000/- are to be purchased and received the same. The opposite party completed the erection work on the very next day that is on 13.12.2009 and at the time of settlement he received Rs.4,600/- towards six labour and rent for two days for the welding machine. But on enquiry it was found that welding rods worth Rs.750/- were only used by the opposite party at the site. So the complainant contacted the opposite party and demanded back Rs.1,150/- after deducting Rs.100/- for travelling expenses. The opposite party initially agreed to pay back the money and after that the opposite party denied the same and requested Rs.15/- per sq.feet for the work done by him. Thereafter the opposite party filed a false complaint before the S.I of Police, Adimali. The Adimali police called the complainant to the Police Station on 26.01.2010. The opposite party influenced the S.I and caused to threaten the complainant with physical harm and injury, causing grave anxiety and fear in mind and compelled to sign in a register kept at the Police Station, so agreed to pay Rs.13/- per sq.feet for carrying out measurement of the work. The complainant is not liable to pay any money to the opposite party, but he is entitled to get Rs.1,150/- from the opposite party with interest and also for compensation. So this petition is filed.
 

2. As per the written version filed by the opposite party, it is admitted that the complainant entrusted the roofing work(Truss work) of the cola factory in the name and style 'Summar Fresh” of the complainant. It was agreed to pay Rs.14/- per sq.feet for the work. The opposite party purchased the welding rods and other materials for the work. 3 workers and the opposite party worked in the day and night for completing the work of the complainant's building which is about 1100 sq.feet. The opposite party was entitled to get an amount of Rs.15,400/- for the same. But the complainant paid only Rs.6,500/- to the opposite party. Complainant refused to pay the balance amount and so the opposite party constrained to file a complaint before the Sub Inspector of Police, Adimali on 25.01.2010, the complainant was called upon by the Adimali police and he agreed to pay Rs.8,900/- to the opposite party before the S.I of Police. So this petition is filed for avoiding the payment to the opposite party.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Exts.P1 and P2(series) marked on the side of the complainant and the oral testimony of DW1 and Ext.R1 marked on the side of the opposite party.
 

5. The POINT :- This petition is filed for getting exorbitant money received by the opposite party from the complainant for the erection of sheet roofing of his cola factory. The complainant is examined as PW1. PW1 entrusted the erection of sheet roofing for the building of the complainant and the entire materials for the roofing works were purchased by the complainant. Ext.P1(series) is the bills for the purchase of the same. It was agreed to pay Rs.600/- for man per day for the workand Rs.500/- per day for the usage of the welding machine, eventhough the opposite party received an amount of Rs.2,000/- for the purchase of the welding rods. After completion of the work on 13.12.2009, the opposite party received Rs.4,600/- towards six labour and rent for two days for the welding machine. On enquiry, it is revealed that the opposite party purchased welding rods worth Rs.750/- only for the site of PW1. So PW1 demanded back Rs.1,150/- from the opposite party deducting Rs.100/- for travelling expenses. But the opposite party demanded an amount of Rs.15/- per sq.feet for the work done and filed police complaint against the complainant before the S.I of Police, Adimali. Under threat and physical harm PW1 agreed to pay Rs.13/- per sq.feet to the opposite party which he is not entitled to pay. The opposite party was examined as DW1. DW1 deposed that the roofing work done by the opposite party was for an area of 1100 sq.feet. It was for the cola factory of the complainant at Neryamangalam. Three workers and DW1 worked for day and night for completion of the same. The welding rods and other materials were purchased by the DW1. So they are entitled to get Rs.15,400/- for the work. But the complainant only paid Rs.6,500/- and refused to pay the balance. So DW1 filed a complaint before the S.I of Police, Adimali on 25.01.2010, copy of the same is marked as Ext.R1. PW1 agreed to pay Rs.8,900/- to the DW1, at the Police Station.
 

6. It is admitted by the opposite party that the complainant entrusted to do the roofing work of the complainant's building by the opposite party and it was done by them. The welding rods were purchased by the opposite party and the materials for the entire work were purchased by the complainant as per Ext.P1(series) bills. The opposite party and three other workers completed the work but they have charged Rs.4,600/- which is an exorbitant rate. So when the complainant demanded to get back the exorbitant amount received by the opposite party, they demanded Rs.14/- per sq.feet and a petition was filed before the police for getting the same. As per the complainant, the S.I of Police, Adimali harassed physically and mentally, so he signed to pay the balance amount as Rs.6,900/- to the opposite party. PW1 filed several complaints against the S.I of Police, Adimali to the Director General of Police, Assistant Inspector General of Police and the Inspector General of Police. Ext.P2(series) are the copy of the AD Cards for the same.

7. As per the complainant, the rate fixed by them for the work was Rs.600/- per day for a man and Rs.500/- for usage of the welding machine. But there is no evidence produced by the complainant to show that such an agreement was created between the complainant and the opposite party in oral or by document. It is admitted by the complainant that no documentary evidence created by them. The complainant never tried to produce any witness to prove that it was agreed by the opposite party. There is no receipt produced by the complainant to show that the opposite party received Rs.4,600/- for the work done by them. The complainant never produced any witness to say that the complainant paid Rs.4,600/- to the opposite party. The complainant who is an Engineer who paid Rs.4,600/- to the opposite party for his construction work without enquiring the cost of the welding rod is not at all believable. So if any complaint regarding the act of the S.I of Police, the complainant can approach appropriate authority for further remedy. There is no evidence produced by the complainant to show that there is any deficiency or unfair trade practice committed by the opposite party in the work done for the erection of sheet roofing of the building.

Hence the petition dismissed. No cost is ordered against the complainant.
 

Pronounced in the Open Forum on this the 31st day of July, 2010

Sd/-

SRI. LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT. SHEELA JACOB(MEMBER)

Sd/-

SMT. BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - V.A.Siddique

On the side of Opposite Party :

DW1 - Abdul Salam

Exhibits:

On the side of Complainant:

Ext.P1(a) - Cash Bill dated 8.12.2009 for Rs.14,480/- issued by M/s.Kummenchery Steels, Kummenchery Building, T.D Road, Kochi

Ext.P1(b) - Cash Bill dated 10.12.2009 for Rs.7,728/- issued by M/s. Kerala Hardwares, Adimali

Ext.P2(series) - Postal AD Cards(3 Nos)

On the side of Opposite Party :

Ext.R1 - Photocopy of complaint dated 25.01.2010, filed by the opposite party against the complainant before the S.I of Police, Adimali