Kerala

Thiruvananthapuram

CC/165/2020

K Gopakumar - Complainant(s)

Versus

Adv.Praveen Vyasan - Opp.Party(s)

19 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

      SRI.P.V.JAYARAJAN     : PRESIDENT

  SMT.PREETHA G NAIR: MEMBER

                                    SRI.VIJU.V.R       : MEMBER

 

CC.NO.165/2020 (Filed on : 09.09.2020)

ORDER DATED : 19.07.2022

COMPLAINANT

K.Gopakumar,

TC.43/1925, Arysala,

Chalai.P.O, Thiruvananthapuram – 36

(Party in person)

                                                          VS

OPPOSITE PARTY

           Advocate Praveen Vysan,

           High Court of Kerala,

           Malloor Road, Vanchiyoor.P.O

           Thiruvananthapuram – 695 035

                                      ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1.           This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.           This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. The case of the complainant is that he has entrusted the opposite party to file a case in which he has handed over the original documents and as demanded by the opposite party he has also paid Rs.65,000/-. The said amount includes the amount claimed to be deposited before the Court for filing the case. Though the complainant paid the demanded amount as well as the original documents to prefer a case before the Court of Law, the opposite party not taken any steps to file the case as instructed by the complainant till the date of filing this complaint. The complainant on 07.03.2019 & 06.12.2019 sent registered letters to the opposite party to furnish the case number and finally even requested for return of original documents and Rs.65,000/- from the opposite party. Alleging deficiency in service on the part of the opposite party the complainant approached this Commission for redressing his grievance. After admitting the complaint a notice was issued to the opposite party to appear before this Commission. After accepting the notice the opposite party failed to appear before this Commission and hence on 24.03.2022, the opposite party called absent and set exparte.

3.           The evidence in this case consists of PW1 and Exts.A1 to A10. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

Points to be considered

1. Whether there is any deficiency in service on the part of the opposite party
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Ordered as to cost.

4. Heard. Perused records. To substantiate the case of the complaint, the complainant himself sworn an affidavit as PW1 and Exts.A1 to A10 were produced and marked. Ext.A1 is the copy of registered letter dated 07/03/2019. Ext.A1 (a) is the copy of registered letter dated 06/12/2019. Ext.A2 is the copy of complaint dated 09/12/2019 to the Secretary, Bar Association, Tvpm. Ext.A3 is the copy of complaint dated 18/03/2020  before the Hon’ble Bar Council of Kerala. Ext.A4 is the copy of letter from Bar council of Kerala dated 27/02/2020. Ext.A5 is the copy of complaint dated 22/12/2019 to the Legal Service Authority. Ext.A6 is the copy of notice dated 07/01/2020 from Lok Adalath, District Legal Services Authority, Tvpm. Ext.A7 is the copy of notice to Velayudhan dated 03/12/2019 issuing Thiruvananthapuram Corporation. Ext.A8 is the copy of reply dated 26/09/2019 as per RTI Act. Ext.A9 is the copy of reply dated 30/12/2019 from Fort Zonal Office, Corporation, Tvpm. Ext.A10 is the copy of appeal under Right to Information Act dated 02/8/2020 to the Deputy Secretary, (Appellate Authority). As the opposite party has not adduced any evidence to disprove claim made by the complainant, the evidence adduced by the complainant stands unchallenged and unshaken. By swearing an affidavit as PW1 and marking Exts.A1 to A10 and in the absence of any contra evidence from the side of the opposite party, we find that the complainant has succeeded in establishing his case against the opposite party.In the above circumstances, we find that this is a fit case to be allowed in favour of the complainant.  

 

          In the result, the complaint is partly allowed. The opposite party is directed to refund Rs.65,000/- and the original documents entrusted by the complainant along with Rs.50,000/- as compensation and Rs.2500/- being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum, from the date of order till the date of realisation / remittance.  

          A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 19^th day of July 2022.

                                                                                             

                                                                                       Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                       Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                                Sd/-

VIJU.V.R    : MEMBER

                                                                                          

                

Be/

APPENDIX

CC.NO.165/2020

Ext.A1         - Copy of registered letter dated 07/03/2019.

Ext.A1 (a)    -Copy of registered letter dated 06/12/2019.

Ext.A2         - Copy of complaint dated 09/12/2019 to the Secretary, Bar Association, Tvpm.

Ext.A3         -Copy of complaint dated 18/03/2020  before the Hon’ble Bar Council of Kerala.

Ext.A4         -Copy of letter from Bar council of Kerala dated 27/02/2020.

 Ext.A5        -Copy of complaint dated 22/12/2019 to the Legal Service Authority.

Ext.A6         -Copy of notice dated 07/01/2020 from Lok Adalath, District Legal Services Authority, Tvpm.

Ext.A7         -Copy of notice to Velayudhan dated 03/12/2019 issued by       

                     Thiruvananthapuram Corporation.

 Ext.A8        -Copy of reply dated 26/09/2019 as per RTI Act.

 Ext.A9        -Copy of reply dated 30/12/2019 from Fort Zonal Office,    Corporation, Tvpm.

Ext.A10       -Copy of appeal under Right to Information Act dated 02/8/2020 to the Deputy Secretary, (Appellate Authority).

 

 

                                                                                        Sd/-

                                                                                PRESIDENT