By. Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are given below:
The case of the Complainant is that on 15.06.2020 the Complainant had orally entrusted the Opposite Party to pave granite and vitrified tiles in her newly constructed house at Kolimoola in Ambalavayal Amsom. There was a condition that the work would be completed within 30.10.2020. The rate of the work fixed was Rs.17 per square feet for laying tiles and Rs.10 per square feet for epoxy works. The Opposite Party had received Rs.15,000/- from the Complainant as advance from the Complainant on 15.06.2020. Believing the words of the Opposite Party, the Complainant fixed the date of her house warming ceremony on 01.11.2020 and also fixed the marriage of her son on 05.01.2021 and made arrangements for that. Though the Opposite Party started the work on 21.06.2020 but he did not complete the work before 30.10.2020. Because of this act of the Opposite Party, the Complainant was constrained to postpone the house warming ceremony and her son’s marriage date. The Complainant submitted that due to the deficiency in service on the part of Opposite Party, she had suffered huge financial loss and mental strain. Epoxy work on the gap between the tiles had to be demolished due to the poor quality of work. This is due to the incompetency and inadequacy of the work of the Opposite Party. The Complainant realized that she will have to spend Rs.3,50,000/- to replace the tiles and Rs.50,000 to repair the granite defects. On 10.02.2020 the complainant sent a notice through Adv.K.U.Baby and asked the Opposite Party to cure the defects. The notice was returned as refused to accept it. After several approaches there is no positive actions from the Opposite Party’s side, the Complainant again sent another legal notice to the Opposite Party on 03.03.2021. But even after receiving that notice the Opposite Party did not try to act upon.
3. The Opposite Party received Rs.15,000/- on 15.06.2020, Rs.20,000/- on 20.06.2020, Rs.30,000/- on 18.07.2020, Rs.20,000/- on 25.07.2020, Rs.30,000/- on 20.08.2020 and Rs.30,000/- on 19.09.2020 as advance. Altogether he received Rs.1,45,000/- from the Complainant. The Opposite Party has not given a receipt for the advance amount of Rs.15,000/- but had given receipts for other payments.
4. So the Complainant prayed to direct the Opposite Party to pay an amount of Rs.4,00,000/- as the cost of replacing the Granite and Tiles and rectifying the defect and Rs.1,00,000/- as damages for financial loss and mental agony.
5. Though the Opposite Party received notice, failed to appear before this Commission. Hence the Commission decided to set him ex-parte and decided to proceed with the complaint.
6. The Complainant filed proof affidavit and produced 6 documents which were marked as Ext.A1 to A6 and she was examined as PW1. The Opposite Party did not challenge the complaint, documents, and testimony of the Complainant. The Complainant succeeded to prove that he had assigned the work to the Opposite Party and paid the amounts to him and purchased tiles and granites. Even if there is no evidence before the Commission regarding what cost could come to remove the granite and tiles the Complainant deserves to get a favorable order. Moreover, the Commission found that there has been negligence on the part of the Opposite Party and the Complainant sustained difficulties. Hence, the Complainant deserves to get compensation too.
In the result, the complaint is partly allowed, and
- The Opposite Party is directed to pay Rs.4,00,000/-(Rupees Four Lakhs only) to the Complainant for curing the defect.
- The Opposite Party is directed to pay compensation of Rs.50,000/-(Rupees Fifty Thousand only) towards financial loss and mental agony.
- The Opposite Party is also directed to pay Rs.5,000/- (Rupees Five Thousand Only) towards the cost of the proceedings.
The above order shall be complied within 30 days from the date of this order. Otherwise the amount will carry interest at the rate of 9% p.a till the date of payment.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 31st day of March 2022.
Date of Filing: 10.08.2021.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Annamma. K. V. Retired Employee.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:-
A1(a). Voucher. Dt:20.06.2020.
A1(b). Voucher. Dt:18.07.2020.
A1(c). Voucher. Dt:25.07.2020.
A1(d). Voucher. Dt:20.08.2020.
A1(e). Voucher. Dt:19.09.2020.
A2(a). Lawyer Notice. Dt:10.12.2020.
A2(b). Postal Receipt.
A3. Returned Registered Notice.
A4(a). Lawyer Notice. Dt:03.03.2021.
A4(b). Postal Receipt.
A5. Acknowledgment Card.
A6(a). Tax Invoice. Dt:20.06.2020.
A6(b). Tax Invoice. Dt:19.09.2020.
A6(c). Tax Invoice. Dt:24.07.2020.
A6(d). Tax Invoice. Dt:25.06.2020.
A6(e). GST Invoice. Dt:11.07.2020.
A6(f). GST Invoice. Dt:25.07.2020.
A6(g). GST Invoice. Dt:28.06.2020.
A6(h). GST Invoice. Dt:28.06.2020.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
SENIOR SUPERINTENDENT,
CDRC, WAYANAD.
