SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,seeking  direction against  OP to pay back  Rs.2,05,000/-, which was given by complainant to OP for the renovation work of upstairs and also pay compensation for mental agony .

 Complaint in brief :-

   According to the complaint, on 27/9/2023 the complainant entered into an agreement with OP the renovation work of complainant’s house in the event of complainant’s daughter’s marriage.  The consideration for the work entered was fixed for Rs.8,13,295/- and its GST.  As per the stipulations in the agreement, it is agreed by the OPs that the work will be completed within 45 days from the date of  agreement.  On 27/9/2023, the complainant  made online payment of Rs.10,000/- and thereafter Rs90,000/- to the OP.  Moreover, complainant paid Rs.1,00,000/- directly  to the OP and Rs.5000/- was also collected by OP on different stage of work.  But unfortunately the OP failed to fulfill the stipulations as mentioned  in the agreement and ended in hardships and monetary loss to the complainant.  The complainant has constrained to complete the work with other agency and suffered financial loss.  Hence this complaint.

         After filing the complaint, notice issued to  OP. The OP’s  notice  returned  with an endorsement as “ unclaimed intimation”.  It is presume that the notice duly served. The OP not appeared before the commission and  not  filed any version . So the commission had to  hold that the OP has no version  as such  this case  came to be proceed against the OP is set exparte.

         Even though, the OP had remained ex-parte, it is for the complainant to establish the allegation made by her against the  OP.  Hence the  complainant was called upon to produce evidence in the form of affidavit and documents.  Accordingly the  complainant  has chosen to produce her affidavit along with 3 documents  marked as Exts.A1 to A3.  Ext.A1 is the  agreement executed between complainant and OP dtd.27/9/2023, Ext.A2 is the cheque issued by OP in favour of complainant dtd.1/2/2024 and Ext.A3 is the memo returned from bank dtd.4/3/2023. The complainant was examined as PW1. So the OP remain absent in this case.  At the end the commission heard the case on merit.

           Let us look in to the evidence before the  commission to answer the grievance addressed by the complainant in the complaint as per the OP is set exparte.  On the perusal of Ext.A1 dtd.27/9/2023 is the agreement of renovation work entrusted by the complainant to OP and the consideration fixed is for Rs.8,13,298/- and its GST and on the back side of the last page of Ext.A1 and endorsement is seen which seems to be made by the OP on 9//12/2023.  As per the endorsement, OP consented to the facts stated in the complaint Ext.A1 .  On the perusal of Ext.A2, cheque bearing No.006432 dtd. 1/2/2024 which was issued by the OP in favour of  complainant for an amount of Rs.2,05,000/- clearly  shows that the amount claimed by the complainant in the complaint which the OP was liable to pay is true. Ext.A3 indicates that the Ext.A2 cheque was returned with a memo stated that “fund insufficient”.  From all those Exhibits it is apparent to the commission that the complainant suffered hardships due to the deficiency in service from the OP even after the payment of consideration as stated in the complaint and  all evidences before the commission speaks against the OP and their deficiency in service and  thereby the complainant is entitled to get compensation for the  monetary loss and hardship suffered.  

    In the result, the complaint is allowed in part.  The opposite party is directed to pay Rs.2,05,000/-  which was given by the complainant to the opposite party for the renovation  work of upstairs and also pay Rs.20,000/- towards compensation for mental agony  and to pay Rs.5000/- as  cost of litigation to the complainant within 30 days of receipt of copy of this order.  In default  Rs.2,05,000/- carries interest @8% per annum  from the from the date of order till realization.   If the opposite party fails to comply the order, the complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.

Exts:

A1-  Agreement

A2- Cheque

A3- Return Memo

PW1-Aseenasiddique- complainant

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR