DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 29th DAY OF MAY, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 10.08.2023.
CC/204/2023
Joy .K.T, S/o.Thomas K.V, - Complainant
Kulangara Veedu, Manikkapadam,
Vadakkancherry PO,
Palakkad-678 683.
(By Adv.P.Sreeprakash)
Vs
Anuraj Chettiar, -Opposite Party
S/o.Rajappan Chettiar,
Thumpiyil Veedu, Vallimuttam
Pallippuram PO, Cherthala,
Alappuzha district-688 541.
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
The complainant entered into an agreement during October, 2021 with the opposite party for fixing hand rail to the stair case of his house for Rs.58,000/-. Rs.40,000/- was given as advance payment for the said work. As the opposite party failed to turn up for doing the agreed work, when the complainant contacted him over phone the opposite party informed him that he was admitted in a hospital for Covid treatment and under rest. The complainant continued the phone calls and personal visits and as a result, the opposite party fitted three pieces of glass and collected Rs.10,000/- from the complainant.
As the opposite party failed to complete the work, the complainant continued phone calls, messages and paid one more visit to the place of the opposite party. As the opposite party was not responding, the complainant sent a registered letter on 14.10.2022: In reply the opposite party promised to complete the work within 15 days. As the opposite party still failed to respond, the complainant filed a police complaint at Vadakkanchery Police Station but the case was closed as they could not locate the opposite party.
Aggrieved by this, the complainant has filed this complaint seeking compensation for the loss suffered by him.
2. Notice was issued to the opposite party. The notice was returned undelivered with endorsement “unclaimed”. Hence, his name was called in the open court and was set ex-parte.
3. The complainant filed IA.No.642/2023 for appointing an expert Commissioner to assess the present status of work mentioned in the complaint. Accordingly, Dr.Nisha A.S, Assistant Professor, NSS College of Engineering, Palakkad was appointed as expert Commissioner. She submitted her report on 18.01.2024.
4. The complainant filed proof affidavit and marked Ext.A1 to A6 as evidence. Ext.A1 is the letter dated 14.10.2022 sent by the complainant to the opposite party, Ext.A2 is print out of a series of whats app communication between the complainant and the opposite party, Ext.A3 is the copy of the complaint lodged with the Vadakkanchery Police Station, Ext.A4 is Bank Account statement of the complainant with SBI, Ext.A5 is the photocopies of train/bus tickets of complainant’s journey to opposite party’s place and Ext.A6 is the photo printout showing the incomplete work of the stair case hand rail. The commissioner’s report is marked as Ext.C1.
5. Ext.A4 is the Bank account statement of the complainant which clearly show the payment of Rs.50,000/- made to the opposite party in two instalments. As far as the work is concerned the Expert Commissioner’s report clearly spell out that the opposite party has not completed the work as agreed and an amount of Rs.32,488/- is required to complete the work. Exts.A1 to A4 and A6 are evidences of efforts taken by the complainant to get the issue resolved before approaching this Commission. The failure on the part of the opposite party to finish the work of handrail for the complainant in the agreed manner is a clear case of deficiency in service or unfair trade practice on the part of the opposite party.
6. Therefore the complaint is allowed ordering the following reliefs:
1) The opposite party is directed to pay Rs.32,488/- to the complainant for completing the work along with interest @ 10% pa from 01.10.2021 till the date of payment.
2) The opposite party is liable to pay Rs.50,000/- as compensation for deficiency in service and connected mental agony.
3) The opposite party is also directed to pay Rs.15,000/- as cost of litigation.
Pronounced in open court on this the 29th day of May, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of Registered letter dated 14.10.2022 sent by the complainant to the opposite party along with the acknowledgement card.
Ext.A2: Printout of whatsapp messages and outgoing calls.
Ext.A3: Complaint dated 26.11.2022 registered in Vadakkanchery Police Station.
Ext.A4: Bank Account statement of complaint with SBI.
Ext.A5: Copies of Bus and Train tickets.
Ext.A6: Photo printouts showing the incomplete work of the stair case hand rail.
Ext.C1: Commission Report.
Document marked from the side of Opposite party: Nil.
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 15,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
