Kerala

Thiruvananthapuram

CC/15/440

Nejin - Complainant(s)

Versus

John Antony - Opp.Party(s)

19 Oct 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVANANTHAPURAM

PRESENT

      SRI.P.V.JAYARAJAN    : PRESIDENT

    SMT.PREETHA G NAIR: MEMBER

                                                                                 SRI.VIJU.V.R                : MEMBER

 

CC.NO.440/2015 (Filed on : 19/09/2015)

ORDER DATED :19/10/2022

COMPLAINANT

          Nejin

          S/o.Late Nelson,

          Kambikkakom veedu, TC.81/899,

          Valiya veli.P.O, Trivandrum

          (By Adv.Sony.A)

VS

OPPOSITE PARTY

John Antony,

Maruthencode.P.O

Kanyakumari District,

Tamil Nadu State

(Exparte)

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1.       This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

2.       This is a complaint filed by the complainant alleging deficiency in service on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party. After accepting the notice the opposite party failed to appear before this Commission on the date fixed for his appearance and hence this commission declared the opposite party as exparte.

3.       The case of the complainant in short is that on 02/12/2014 the complainant entered into an agreement with the opposite party for the construction of his thousand square feet building at the rate of Rs.Three hundred and twenty five per square  foot and the said agreement was reduced into writing. As per the terms and conditions of the complainant would supply all the building materials which is required for the construction work and the opposite party and his laborers in turn execute or carry out and fully finish the said work and handed over to the possession of the building to the complainant within six months. On several occasions the opposite party has received an amount of Rs.4,66,100/- (Rupees Four lakhs sixty thousand and one hundred ) from the complainant at his residence for carrying out the entire work. As per the terms and conditions entered into between the complainant and the opposite party the former has to pay an amount of Rs.3,25,000/- (Rupees three lakhs twenty five thousand only) to the opposite party only. On the contrary the opposite party obtained an additional exorbitant amount of Rs.1,41,000/-           (Rupees one lakh forty one thousand one hundred)  from the complainant without any basis. During the end of May 2015 only the 60% of the total work is over and the contract period expires on 02/06/2015. At that time also the complainant has stored, unloaded and dumped all the construction materials which is required for the completion and finishing of the entire construction work. But quite surprisingly the opposite party not fulfilled his promise in terms of the agreement for completing the execution of the construction work. Alleging deficiency in service on the part of the opposite party, the complainant approached this Commission for redressing his grievances. As already pointed out, the opposite party was declared exparte by this Commission as the opposite party not appeared before this Commission.

4. The evidence in this case consists of PW1 and Exts.P1 to P5 on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

5. Points to be considered

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled to get the relief claimed in the complaint?
3. Order as to cost?

6.       Heard. Perused affidavit, documents and other records. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P5 were produced and marked. Ext.P1 is the agreement between the complainant and the opposite party. Ext.P2 is the copy of the lawyer notice dated 28/05/2015 issued on behalf of the complainant to the opposite party. Ext.P3 is the postal receipt and acknowledgment. Ext.P4 is the note book showing the details of payment made by the complainant to the opposite party. Ext.P5 is the copy of the pass book of the bank account maintained by the complainant. A perusal of Ext.P1 will go to show that the opposite party has agreed to complete the construction work within six months for a consideration of Rs.3,25,000/-. Ext.P5 shows the details of payment made by the complainant to the opposite party. Ext.P2 shows that the complainant has demanded the excess amount paid by him to the opposite party. The opposite party being absent, there is no contra evidence to discredit or disprove the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts.P1 to P5, we find that the complainant has succeeded in establishing his case. As per the available evidence before this Commission, we find that there is deficiency in service on the part of the opposite party. It is also evident that the complainant has suffered financial loss and mental agony. As the financial loss and mental agony was caused to the complainant due to the deficiency in service on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant. In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.

          In the result, complaint is partly allowed. The opposite party is directed to refund Rs.1,41,100/- to the complainant with 6% interest from the date of filing of the complaint ie 19/09/2015 along with Rs.75,000/- as compensation and Rs.2500/- being the cost of this proceedings within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance/ realization.

               A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                 Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 19^th day of October 2022.

•  

P.V.JAYARAJAN: PRESIDENT

 

                                                                                               Sd/-

PREETHA G NAIR: MEMBER

 

                                                                                                Sd/-

                                                            VIJU.V.R         : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

APPENDIX

CC.NO.440/2015

List of witness for the complainant

PW1            -       Nejin

List of Exhibits for the complainant

Ext.P1         -Agreement between the complainant and the opposite party.

Ext.P2        - copy of the lawyer notice dated 28/05/2015 issued on behalf of the complainant to the opposite party.

Ext.P3         - Postal receipt and acknowledgment.

Ext.P4        - Note book showing the details of payment made by the complainant to the opposite party.

Ext.P5        - Copy of the pass book of the bank account maintained by the complainant.

List of witness for the opposite parties        - NIL

List of Exhibits for the opposite parties       - NIL

Court Exhibits                                            - NIL

 

 

                                                                                     Sd/-

                                                                               PRESIDENT