Kerala

Kozhikode

CC/09/96

ABDHUSALIM MP - Complainant(s)

Versus

JAMSHAD K - Opp.Party(s)

30 Apr 2009

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/09/96

ABDHUSALIM MP
...........Appellant(s)

Vs.

JAMSHAD K
...........Respondent(s)


BEFORE:
1. G Yadunadhan B.A.2. Jayasree Kallat M.A.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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By G. Yadunadhan, President:

 

            The case of the complainant is that complainant had entered into an oral agreement with the opposite party for fixing tiles to his residential house.  For that purpose he handed over Rs.3000/- to the opposite party.  After receiving the amount, opposite party failed to fix the tiles properly.  Therefore complainant suffered great loss due to the act of the opposite party.  Hence complainant is seeking relief against the opposite party to return an amount of Rs.3000/-.

 

            After serving notice, opposite party called absent and set exparte. 

 

Complainant filed affidavit and he was examined as PW1.  No document was produced by the complainant. 

 

During the time of examination of the complainant as PW1, he deposed that opposite party orally entered into an agreement with the complainant for fixing tile for the residence of PW1.  As per agreement, PW1 handed over Rs. 3000/- to opposite party.  Opposite party failed to fix the tiles properly.  Due to that failure, complainant suffered great loss.  It shows clear deficiency on the part of the opposite party.  Opposite party has not produced any contra evidence to show that opposite party has done this work properly.  In the absence of evidence, Forum finds that complainant is entitled to get an amount of Rs.1500/- for rectification of the work done by the opposite party.

 

            Therefore opposite party is directed to pay an amount of Rs.1500/- and a cost of Rs.100/- to the complainant.   Comply the order within 30 days on receipt of the copy of this order.

 

            Pronounced in open Court this the 30th day of April 2009.

 

                                    Sd/-President                                  Sd/-Member

APPENDIX

 

Witness examined for the complainant:

PW1            Abdusaleem, S/o. Abdurahiman. M.P.,. Mathikkath Parambil House, P.O. Vellalassery, NIT.

Witness examined for the opposite party:

None.

-/True copy/-

Sd/-President

(Forwarded/by Order)

 

 

Senior Superintendent.

 




......................G Yadunadhan B.A.
......................Jayasree Kallat M.A.