By Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019
2. Facts of the case in brief:- The Complainant is working in Qatar. On 05/12/2021, the Opposite Party approached the Complainant and told that he is a well-known contractor and agreed to carry out the renovation work of the house of the Complainant and the Front yard of the house including fixing up of Natural grass in between the stones laid as well as polishing the stones. The Opposite Party has fulfilled the part of renovating the house but yet kept the work of the front yard and fixing up of natural grass and polishing the stone pending. The Opposite Party has induced into making the Complainant believe that the work in regard to front yard would be done in a stipulated time of 2 months by providing the laborer as well as materials. The Opposite Party had made a deal for Rs.90/- per square feet of the stone which is to be laid on the front yard for an area of total 2000 sq. feet, hence Complainant had agreed upon the deal by the Opposite Party for Rs.1,80,000/- only for laying stones in the front yard. Amount regarding to fixing the Natural grass in between the stones and for polishing was agreed by both parties for Rs.1,60,000/- in total. The Complainant believing the Opposite Party, gave an advance of Rs.1,18,000/- on 22nd January 2022 through Bank to the Opposite Party’s bank account. After giving the advance money, the Opposite Party had communicated to the Complainant that he would be sending some men to do the work as promised, but unfortunately, works were not started as agreed. In spite of the same, some lame excuses were given from the side of the Opposite Party stating that the Opposite Party was ill and there was shortage of workers to be sent. The Opposite Party hence requested time for starting the work, then after two weeks the Complainant called upon the Opposite Party enquiring why he was not starting the work, he replied that due to his daughter’s marriage he was too busy and he needed some money in advance so that his daughter’s marriage would happen without any financial issues. So the Complainant gave an amount of Rs.1,00,000/- on 8th February, Rs.15,000/- on 9th February, again Rs.15,000/- on 13th February and Rs.40,000/- on 17th February 2022 via Bank transfer as per request of the Opposite Party to the account No:4909000100034963 in Punjab National Bank, Kovoor Branch, Calicut for the above said works. Even though the above said amounts were deposited to the Opposite Party account for the above said works he never came for laying the stones or for fixing up the Natural grass. Since the Complainant was residing at abroad he had no other option rather than to trust the Opposite Party and continuously call, even though after continuous messages and calls the Opposite Party kept on extending the work. The Opposite Party taking advantage of the kind heart of the Complainant and to make use of this opportunity to extort more money, with greedy intention demanded more money for starting the work. Thus, as per the demand of the Opposite Party the Complainant had transferred an amount of Rs.26,000/- on 8th April 2022 and Rs.20,000/- on 25th April 2022. The Complainant had been put into immense mental agony and has a feeling of being disowned by the act of the Opposite Party. The Opposite Party has offered to lay down stones as well as Natural Grass in the front yard of the Complainant and had acquired an amount of Rs.3,34,000/- but the agreed services were not provided. Later, on 12/08/2023 Complainant had e-mailed a complaint to the Superintendent of police, Wayanad, stating the amount regarding laying of stones in the front yard and the police after receiving the complaint tried to call the Opposite Party, but the Opposite Party neither appeared nor returned the money. Later on, the Opposite Party stopped responding to the calls and messages of the Complainant and which causing mental pressure and deficiency of service. There is deficiency of service from the side of the Opposite Party from 2022 till now. The Complainant had gone through mental agony as well financial loss. Till now the work regarding front yard is not started due to which the value of the house is diminishing as well as the face of the house is plain looking and unattractive. Hence, this complaint.
3. After admission of the complaint, notice was issued to the Opposite Party, but none has appeared on behalf of the Opposite Party hence he was declared as ex -parte on 15.05.2024.
4. The Complainant filed proof affidavit and was examined as PW1. The documents produced by the Complainant were marked as Ext. A1 and A2.
5. The allegations made have been proved by the Complainant by leading convincing evidence. He has produced the statement of bank account and copy of email sent to the Superintendent of police. Though the Opposite Party was duly served, but he failed to appear before this Commission to defend himself. Hence we are constrained to believe the allegations of the Complainant and documents. Ext.A1 is the bank statement of the account of Complainant which shows that the amount stated in the complaint were transferred to the Opposite Party’s account on various dates. The act of Opposite Party is a clear deficiency in service which is no doubt caused mental agony to the Complainant. Therefore, the Complainant is entitled get the amount paid for the work from the Opposite Party.
In the result, complaint is partly allowed and the Opposite Party is directed to pay back Rs.3,34,000/- (Rupees Three Lakh Thirty Four Thousand Only) towards the amount transferred to the bank account of the Opposite Party for laying stones and fixing natural grass and also directed to pay Rs.15,000/- (Rupees Fifteen Thousand Only) as compensation and Rs.5000/- (Rupees Five Thousand Only) as cost of the proceedings to the Complainant. The above order shall be complied by the Opposite Party within one month from the date of receipt of this order, failing which the Complainant is entitled for interest @ 9% per annum for the entire amount from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 7th day of September 2024.
Date of Filing:-05.01.2024.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Manu Thomas. Architectural Designer.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Copy of Bank Account Statement.
A2. Copy of Email sent to the Superintendent of Police.
Dt:21.08.2023.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
