Kerala

Kollam

CC/06/45

K.Sadananda Rao,Radhakrishna Bhavan - Complainant(s)

Versus

Hashim,Aswathy, Cutcherry Ward - Opp.Party(s)

Injakkal Pramod Kumar

30 Sep 2008

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/06/45

K.Sadananda Rao,Radhakrishna Bhavan
...........Appellant(s)

Vs.

Hashim,Aswathy, Cutcherry Ward
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

ORDER

By ADV. RAVI SUSHA, MEMBER. The complainant has filed this complaint to realize an amount of Rs.30,000/- from the opp.party and for compensation. The averments in the complaint can be briefly summarized as follows: The opp.party is a Contractor who constructed the northern boundary wall of the complainant’s property for consideration. The wall of the complaint’s property was demolished as a part of the road widening by the land acquisition authorities. It was specifically agreed in the agreement that the wall will be completed in one month. But unfortunately the wall was not completed an a greed and low quality materials were used for constructing the wall and as such the opp.party has collected an exorbitant amount. Moreover the opp.party though orally agreed for Rs.30,000/- for constructing, the opp.party did not reduced into evicting but confused the complainant and after putting the signature the amount Rs.56,000/- was written. When it was questioned later the opp.party assured that Rs.30,000/- need be given and the agreement is only a procedure. Even though the complainant demanded for the bills the opp.party did not show any bills. The opp.party has obtained more money from the complaint by unfair trade practice. By the acts of the opp.party complaint had to face financial loss to the tune of Rs.27,000/- being the excess amount obtained from the complainant. Hence the complaint Points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.party 2. Reliefs and costs. 3. For the complainant PW.1 is examined. Ext. P1 to P4 are marked Points 1 and 2 The opp.party was absent. Hence he stands declared exparte. Opp.party did not turn up to adduce any evidence. We have carefully perused the complaint, affidavit and documents filed by the complainant and expert report filed by the expert. As no evidence is adduced from the side of the opp.party, we are constrained to rely upon the exparte evidence. Ext.P4 shows that the total estimated cost of execution comes to Rs.31,500/-. Through affidavit, documents [Ext.P1 to P3] and through the expert report the complainant proved his case. Hence we find that there is deficiency in service on the part of the opp.party. Therefore the complainant is entitled to get relief. In the result the complaint is allowed. The opp.party is directed to give back Rs.30,000/- to the complainant which was obtained by the opp.party from the complainant by using unfair trade practice with interest at the rate of 9% per annum from 11.2.2004 till payment. The opp.party is further directed to pay R.5,000/-as compensation and Rs.1000/- as cost of the proceedings. The order is to be complied with within one month from the date of receipt of the order. Dated this the 30th day of September, 2008. I n d e x List of witnesses for the complainant PW.1. – K. Sadananda Rao List of documents for the complainant P1. – Photocopy of agreement P2. – Copy of advocate notice P3. – Acknowledgement card and postal receipt P4. – Expert report.




......................K. VIJAYAKUMARAN : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member