Complainant present in person
Opponent absent
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(02/01/2014)
This complaint is filed by the consumer against the service provider for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a resident of Sagar Darshan Housing Society, Pune – 1. The opponent is dealing in the profession of civil work of construction. The marriage of daughter of complainant was scheduled on 28/01/2012, hence he was in need of renovation of toilet, bathroom, hence, he contacted with the opponent. After studying the scope and nature of the work, the charges for the said work were finalized to the tune of Rs. 71,000/-. Out of them, Rs.70,000/- were paid to the opponent. There were so many deficiencies in the construction work and those were not removed after lapse 10 months. Two lofts were not provided, grill canopy for bathroom and WC widows were not provided, tube light and fittings in bathroom and WC were not provided. Fitment of Grab Handles, Clothe Hooks, Soap holder etc. in toilet and bathroom were not installed by the opponent. The opponent has not maintained the quality of the other material i.e. Flush tanks, Washbasin, water heater as per the agreement between the parties. Hence, complainant had required to get it done this work from other person. The complainant has clamed compensation for not providing proper service and material. The total claim of the complainant is Rs. 32,500/- including compensation for absence of benefits, mental agony and cost of the litigation etc.
2] The opponent though duly served remained absent. Hence, the complaint proceeded for hearing ex-parte.
3] The complainant has filed affidavit in support of his complaint. He has also produced 17 documents, such as marriage invitation card, estimate, which was done between the parties. Letter given by the opponent, payment receipt, letter of permission, which was issued by the society, photographs showing the deficiency in service while carrying out renovation. The documentary evidence, which is produced by the complainant in support of his complaint, remained unchallenged. As the averments in the affidavit and in the documents are not rebutted by the opponent, hence this Forum is of the opinion that the complainant has established that the opponent has caused deficiency in service. The complainant has claimed compensation of Rs. 10,000/- for inconvenience caused to him, as well as Rs. 1500/- by way of cost of the proceeding. The complainant had clamed an amount of Rs. 16,000/- for the deficiency in work and as well as refund of the money from the opponent. After considering the nature of the dispute, this Forum is of the opinion that the complainant is entitled to get an amount of Rs. 20,000/- in lump sum by way of compensation on the ground of deficiency in service, refund of money for mental and physical harassment and cost of the litigation. Hence, the following order is passed.
** ORDER **
1. Complaint is partly allowed.
2. It is hereby declared that the opponent
has caused deficiency in service.
3. The opponent is directed to pay an amount
of Rs. 20,000/- (Rs. Twenty Thousand only)
towards compensation for deficiency in
service, refund of money, mental and
physical sufferings and cost of the litigation,
to the complainant, within six weeks from the
date of receipt of this order.
4. If the amount is not paid within six weeks from
the date of receipt of this order, it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
5. Copies of this order be furnished to the
parties free of cost.
6. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 02/01/2014
