BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.P.V.JAYARAJAN                                             : PRESIDENT

SMT. PREETHA G. NAIR                                       : MEMBER

SRI. VIJU V.R                                                           : MEMBER

C.C. No. 53/2022 Filed on 07/02/2022

ORDER DATED: 26/12/2022

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 35 of the Consumer Protection Act 2019.  The brief facts of this case is that the complainant entrusted the opposite party to construct a Kitchen and interior works for her newly constructed home.  The opposite party agreed the complete in work in 50 days.  After that the opposite party had given quotation and agreement to the complainant.  As per the agreement the complainant has paid Rs.25,000/- to the opposite party through his account.  The complainant also paid Rs.1,17,500/- on 08/07/2021 through the account of opposite party.  On 20/07/2021 due to the pressurization from the side of the complainant the opposite party started ceiling works, which was completed on 10/08/2021.  On that day the complainant paid Rs.2,000/- as wages to the workers.  The complainant also paid Rs.15,000/- to the account to the opposite party for constructing sofa set.  Even though it was agreed by the opposite party to complete the work within 50 days, he has not completed the work even after the laps of 100 days.  The complainant send e-mails to the opposite party to cancel the agreement as well as to return the advance amount received by the opposite party.  But the opposite party has not cared to complete the work nor refunded the amount to the complainant.  The complainant completed the construction of the house by taking loan from SBI.  The act of the opposite party caused much mental agony and monetory loss to the complainant.  The act of the opposite party amounts to deficiency in service, hence this complaint.

Even though the opposite party entered appearance he has not filed version.

Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):  The complainant has filed proof affidavit and has produced 7 documents which was marked as Ext.P1 to P7.  Ext.P1 is the agreement in which it is clearly stated that the work will be completed within 50 days from the date of receiving the advance.  Also it can be seen from Ext.P3 that amounts were paid to the account of the opposite party by the complainant.  The opposite party did not turn up, hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party.

In the result the complaint is allowed.  The opposite party is directed to pay Rs.1,69,500/- (Rupees One Lakh Sixty Nine Thousand and Five Hundred Only) with 6% per annum from 07/02/2022 and pay Rs.25,000/- (Rupees Twenty Five Thousand Only) as compensation to the complainant for the mental agony suffered by the complainant and Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realization. 

A copy of this order as per the statutory requirements is 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 Forum, this the 26^th  day of December, 2022.    

Sd/-

                                                P.V.JAYARAJAN                 : PRESIDENT

          Sd/-

PREETHA G. NAIR             : MEMBER   

 Sd/-

                                                                 VIJU V.R                           : MEMBER   

C.C.No.53/2022

APPENDIX

I           COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

                                                NIL

IV        OPPOSITE PARTY’S DOCUMENTS:

                        NIL

                                                                                                       Sd/-

PRESIDENT