DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 5th day of January, 2024
Present : Sri.Vinay Menon V. President
: Smt. Vidya.A., Member
: Sri. Krishnankutty N K, Member
Date of filing: 09/08/2023
CC/203/2023
Muraledharan C, 58 years, - Complainant
11/378, Varada,
Pooja Nagar, Puthur,
Palakkad – 678 001.
(Party-in-person)
V/s
Gireesh Kumar C P, - Opposite party
S/o Prabhakaran,
Parijatham,
Opp: Sri Vinayaka Electrical & Electronic Service centre,
Puthur- Koppam Road,
Venkiteswapuram, Palakkad – 678 001.
(Ex.parte)
O R D E R
Prepared by Smt Vidya A, Member
1. Pleadings of the complainant in brief
Complainant entrusted the maintenance work of his cousin’s house (who is mentally disabled) to the opposite party. The opposite party undertook the following works as per their mutual agreement.
(1). Fixing of tiles and necessary masonry work
(2). Replacement of bathroom closet and allied plumbing works and
(3). Painting work for the entire building.
The complainant paid a total amount of Rs.1,80,000/- to the opposite party on different intervals. The opposite party took more than 60 days to complete the first two works and the works done were without proper finishing. Inordinate delay occurred in completing the inside painting work and outside painting was not done.
Further, the complainant paid Rs.10,000/- to the opposite party on his request for his personal purpose believing that he would complete the remaining works soon. But he did not complete the remaining works or refunded the amount. Hence pending works were got completed by employing another labourer and paid Rs.13000/- for that. He expended Rs.2500/- for cleaning the floor, painting a door and maintenance work in the toilet.
The above house after completion of maintenance was meant for renting out for the purpose of meeting the medical expenses of his cousin who was under prolonged medical treatment. But it was delayed due to the conduct of the opposite party in not completing the work within the stipulated time and rate. Finally, the opposite party issued a cheque for Rs.32,000/- being the unspent amount out of the total amount of Rs.1,80,000/- and including Rs.10,000/- given for personal purpose. The cheque was returned for the reason “insufficient fund”.
So he approached the Commission for refund Rs.21,153/- being the balance amount exorbitant service charge collected beyond 8%, to refund Rs.10,000/- given as personal debt and for the incomplete works in his house and compensation for the Deficiency in Service and mental agony suffered by the complainant
2. Complainant filed this complaint on behalf of his cousin who is a mentally disabled person and undergoing treatment. So he was directed to file order of appointment of Legal Guardian. As per that, complainant filed order in Original Petition (Mental Health) No.287/2017 of the Court of Additional District Judge II, Palakkad appointing him as the Legal Guardian and complainant is granted sanction to conduct the proceedings on behalf of his cousin.
After that, notice was send to the opposite party. But the opposite party did not appear or file version and he was set ex-parte.
3. Complainant filed proof affidavit and Exts.A1-A7 marked.
4. Ext.A1 is the statement of account dated 18.01.2023 issued by the opposite party for completing plumbing, sanitary and interlock works. As per Ext.A1, the cost of the above works is Rs.1,16,695/- including professional charge of Rs 15,000/-. Ext.A2 is the statement issued by the opposite party on 30/03/2023 for the same works. As per that, the total cost for the work is Rs.1,99,947/- and the amount received is Rs.1,80,000/-. Ext.B2 shows the estimate given by the opposite party for outside paintings and cleaning. As per that the cost of outside painting is Rs.41,000/-.
Total cost for the works done is 1,58,847/-. The complainant has paid Rs 1,80,000/- to the opposite party. According to him, the opposite party did not do the remaining works even after repeated demands. So he had to complete the works by engaging another labourer. Ext.A3 is the receipt showing the payment of Rs.12,500/- towards outside painting and cleaning. Ext.A4 is the receipt dated 22/7/23 showing the payment of Rs.2500/- towards the rectifying the water leakage and allied works in the toilet.
5. Complainant further contended that the opposite party had borrowed a sum of Rs.10,000/- from the complainant. He had given the money believing that the opposite party will complete the work, or refund the balance amount. Finally the opposite party agreed for a settlement and issued a cheque dated 17/4/23 for Rs.32,000/- which was returned for the reason ‘Insufficient funds’. Complainant produced the copy of the cheque which is marked as Ext A7.
6. As per Ext.A2, the complainant is entitled to get the balance amount of Rs.21,153/- for the works not done. But we have no authority to decide on the issue of refund of the amount given as personal loan and the issue of return of cheque.
7. The opposite party did not appear or file version. From Exts.A3 and A4, it is clear that the complainant had expended an additional amount of Rs.15,000/- to complete the works which are agreed to be done by the opposite party.
8. The complainant had succeeded in proving a prima facie case against the opposite party. There is clear Deficiency in Service on the part of the opposite party in not completing the works even after receiving the amount. The opposite party is bound to compensate the complainant for their Deficiency in Service and for the mental agony and financial loss suffered by the complainant.
So the complaint is allowed in part.
We direct the opposite party
(1) To refund Rs.21,153/- together with 10% interest from 9/8/2023 till realisation.
(2) We direct the opposite party to pay Rs.15,000/- being the additional expenses incurred by the complainant in completing the works.
(3) To pay Rs.15,000/- as compensation for the Deficiency in service, Rs.10,000/- for the mental agony suffered and Rs.5000/- as cost of the litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof till the date of final payment.
Pronounced in open court on this the 5th day of January, 2024.
Sd/-
Vinay Menon V,
President.
Sd/-
Vidya.A.,
Member.
APPENDIX
Documents marked from the side of the complainant :
A1 : The statement of account issued by the opposite party
dated 18.01.2023.
A2 : The statement issued by the opposite party on 30/03/2023 .
A3 : The receipt showing the payment of Rs 12,500/-
A4 : Copies of the payment made with photographs of the works
A5 : Copy of the Medical Certificate
A6 : Copy of receipt dated 25/04/23
A7 : The copy of the cheque dated 17/04/2023
Exhibits marked from the side of the opposite party : Nil
Witness examined from the side of the complainant : Nil
Witness examined from the side of the opposite party : Nil
Court Witness: Nil
Cost : 5000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.)
