D.O.F. 12.02.2013
D.O.O. 13.01.2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the13th day of January, 2014.
C.C.No.45/2013
Vilangottu Parambil Thankam
PVM Residency
Room No.103, Payam,
Madathil, 29th Mile, : Complainant
Nr. Bridge Mysore Road,
Iritty, Kannur
(Rep. by Adv. Ranjith Kumar P.V.)
Denni Abraham
S/o. Abraham
Paidyur Amsom Desom
P.O. Padiyur : Opposite Party
Thaliparamba Taluk
Kannur
O R D E R
Smt. Sona Jayaraman K. Member
This is a complaint filed under Section 12 of Consumer Protection
Act for an order directing the opposite parties to return an amount of `8,76,016 along with compensation.
The case of the complainant in brief is as follows. The complainant was constructing a house for her daughter in her property. She had entrusted opposite party the construction work of the house and an agreement was also executed. Although money was given to the opposite party he had not completed the construction and he went away from there. Although the complainant asked the opposite party to return the money which he had received in excess, he refused to do so. He was not ready to complete the construction also. So this complaint is filed to direct the opposite party to return `8,76,016 and to pay an amount of `1,00,000 towards compensation.
The Forum sent notice to the opposite party after receiving the complaint. Although notice was properly served on the opposite party he refused to accept the same and it was returned as ‘Unclaimed, Returned to sender’. He has remained absent before the Forum.
The evidence in the case consists of the chief affidavit of complainant and Ext.A1 and A2. Now the question to be considered is whether there was any deficiency in service from the part of opposite party. If yes, what is the remedy.
The complainant has filed chief affidavit in tune with her pleadings. Ext.A1 is the agreement executed between the complainant and opposite party. As per the writings in the side page of Ext.A1 agreement it can be seen that the opposite party has received an amount of `8,76,000 in excess to the work done by him. The contents of Ext.A2 agreement clearly prove the deficiency in service of opposite party. The oral testimony of the complaint also proves her case. If the opposite party has completed the work undertaken by him he could have appeared before the Forum and gave evidence to disprove the case of complainant. But the indifferent attitude of opposite party after serving notice shows his attitude towards the dispute in issue. So it is clear that there is deficiency in service from the part of opposite party. So the opposite party is liable to return back `8,76,016 which he has received in excess from the complainant. It can be seen that the act of the opposite party caused mental agony and loss to the complainant. So we are of the opinion that opposite party is liable to pay an amount of `5000 towards compensation along with litigation cost of `1000.
In the result complaint is allowed directing the opposite party to return back `8,76,016 (Rupees Eight Lakh Seventy Six Thousand and Sixteen only) along with a compensation of `5,000 (Rupees Five Thousand only) and litigation cost of `1000 (Rupees One Thousand only). The opposite party shall comply the order within one month from the date of receipt of this order failing which the complainant is at liberty to execute the order as per the provisions of the Consumer Protection Act.
Dated this the 13th day of January, 2014.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Building construction agreement dated 30.07.2012.
A2. Building construction agreement dated 11.02.2013.
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
