By. Smt. Renimol Mathew, Member:-

Brief of the complaint:- The complainant's case is that complainant and Opposite party No.1 entered in to an oral agreement for the construction of iron door to the vehicle shed attached in the house of complainant. For this complainant paid Rs.7,650/- to opposite party No.1 including material price and fitting charge. Opposite party No.1 completed the work, thereafter complainant noticed a bent to the door and same was informed to opposite Party No.1 but he behaved in harsh and uncivilized manner. With the help of an Engineer complainant assessed the cost of this iron door. As per Engineer's report an excess amount of Rs.3,000/- was collected by opposite parties for this work. Complainant alleges that the act of the opposite parties is deficiency in service and unfair trade practice. So the complainant prays to return of the excess amount collected by the opposite parties.

2. Notice sent to opposite parties. Opposite party No.2 is set ex-parte. Opposite Party No.1 filed vakalath but version not filed, he also set ex-parte.

3. On considering the complaint, affidavit and documents the following points are to be considered:-

1. Is there any deficiency in service on the part of the opposite parties?

2. Relief and Cost.

4. Points No.1 and 2:- The complainant filed affidavit and Ext.A1 to to A3 marked. Ext.A1 is the Receipt given by opposite party No.1 to the complainant. Ext.A2 is the Valuation Certificate given by the Engineer. Ext.A3 is the copy of Police complaint given by complainant against opposite parties. There is no evidence to the contrary. Hence the complaint allowed as prayed. So the complainant is entitled to get back the excess amount collected by opposite parties as per valuation Certificate given by Engineer.

In the result the complaint is allowed. Opposite parties are directed to return Rs.3,000/- (Rupees Three Thousand) only to the complainant and also directed to pay Rs.1,000/- (Rupees One Thousand) only as cost and compensation. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order, Otherwise opposite parties are directed to pay interest @ 10% per annum till full payment.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30^th day of September 2013.

Date of Filing:09.04.2012.

PRESIDENT :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

Nil.

Witness for the Opposite Parties:

Nil.
 

Exhibits for the complainant:
 

A1. Receipt.

A2. Valuation Certificate. Dt:05.03.2012.
 

A3. Copy of Police complaint.

Exhibits for the opposite Parties.
 

Nil.

Sd/-
PRESIDENT, CDRF, WAYANAD.