Kerala

Wayanad

CC/190/2021

Muhammed Ashraf, S/o Moosakoya, Aged 51 Years, KMB House, Chaliyam (PO), Rep by Its Power of Attorney Holder, Yoosaf Sakar K.M, S/o Abdurahman K.M, Aged 53 Years, Kaneesakkandy (H), Thurakkal (PO) - Complainant(s)

Versus

Hareesh C.M, S/o Mohandas, Aged 26 Years, Chakkammakundil (H), Nenmeni (PO) - Opp.Party(s)

Adv. N Sadique

15 Sep 2022

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/190/2021
( Date of Filing : 28 Dec 2021 )
 
1. Muhammed Ashraf, S/o Moosakoya, Aged 51 Years, KMB House, Chaliyam (PO), Rep by Its Power of Attorney Holder, Yoosaf Sakar K.M, S/o Abdurahman K.M, Aged 53 Years, Kaneesakkandy (H), Thurakkal (PO)
Thurakkal p.o
Malappuram
Kerala
...........Complainant(s)
Versus
1. Hareesh C.M, S/o Mohandas, Aged 26 Years, Chakkammakundil (H), Nenmeni (PO)
Sulthan Bathery Taluk
Wayanad
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ananthakrishnan. P.S PRESIDENT
 HON'BLE MRS. Beena M MEMBER
 HON'BLE MR. A.S Subhagan MEMBER
 
PRESENT:
 
Dated : 15 Sep 2022
Final Order / Judgement

By Sri. Ananthakrishnan. P.S,  President:

 

          This is a complaint  filed under Section  35 of Consumer Protection Act 2019.

         

2. The Complainant’s case in brief is as follows:-  The Complainant entrusted  the renovation work of his house to the Opposite Party for Rs.5,85,000/-  as per agreement dated 05.08.2021.  The Complainant has given 50%  of the agreed amount to the Opposite Party as advance and thereafter, entire amount according to the progress of the work.  But on 24.10.2021, the tress work fell down due to the deficiency in service of the Opposite Party.  He used substandard materials for the work. Therefore, the Complainant lost Rs.5,00,000/-. Hence this complaint  to get Rs.5,00,000/-  with 12% interest and litigation expenses from the Opposite Party.

 

          3.  The Opposite Party is ex parte.

 

          4. To prove the Complainant’s case, he has given evidence as PW1 and marked  Exts.A1 to A3,  C1 and C2 series. 

 

          5. PW1 has given evidence in conformity with the complainant. His evidence as well as  Exts.C1 and C2 series would go to show that the work done by Opposite Party  is got  damaged. There is no contra evidence. Hence the evidence of Complainant is to be accepted and this complaint is to be allowed.

 

           In the result the complaint is allowed. Opposite Party is directed to pay Rs.5,00,000/- (Rupees Five Lakhs only)  to the Complainant  with an interest @ 6% per annum from the  date of this complaint ie. from 28.12.2021 till realisation and litigation expenses of Rs. 2,000/- (Rupees Two thousand only)  within one month

 

from the date of receipt of this order.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 15th day of September 2022.

Date of Filing:-28.12.2021.

PRESIDENT :   Sd/-

MEMBER   :   Sd/-

MEMBER   :   Sd/-

 

APPENDIX.

Witness for the complainant:

PW1.          Yoosef Saker                  Agriculture.                   

Witness for the Opposite Party:

Nil.   

Exhibits for the complainant:

A1.      Agreement.                            dt:05.08.2021.

A2.    Lawyer Notice.              

A3.    Power of Attorney.                            

Exhibits  for the Opposite Party:

Nil.                                                   

 
 
[HON'BLE MR. Ananthakrishnan. P.S]
PRESIDENT
 
 
[HON'BLE MRS. Beena M]
MEMBER
 
 
[HON'BLE MR. A.S Subhagan]
MEMBER
 

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