D.O.F. 12.01.2010
D.O.O. 29.07.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. K.P.Preethakumari : Member
Smt. M.D.Jessy : Member
Dated this the 29th day of July, 2011.
C.C.No.22/2011
P. Usman Haji,
S/o. Mammu, Chesthi Mahal, : Complainants
Kuthuparamba Amsam, Naravur Desam,
Kuthuparamba (P.O.)
(Rep. by Adv. C.P. Jayan & M. Preman)
K. Ravi,
S/o. Velandi Balan,
Contractor, Ravi Nivas
Kandamkunnu Amsom, : Opposite parties
Kaitheri Desam,
Nirmalagiri (P.O.)
O R D E R
Sr. K. Gopalan, President.
This is a complaint filed under Section 12 of Consumer Protection
Act for an order directing the opposite party to pay a sum of ` 5,00,000 as compensation.
The brief contents of the case of complainant are as follows. The opposite party is a contractor taking contract of carpentry works of the house construction. Knowing the intention of the complainant to do ceiling work of the rooms of the house of complainant the opposite party approached him and requested to give the contract work to him. So a contract was concluded on first week of August to perform the ceiling work for 10 rooms with Acacia woods for a consideration of ` 4,50,000. Since the contractor asked for ` 3,00,000 as advance complainant paid opposite party ` 3,00,000 as advance infront of witnesses, which was prepared written and signed in stamp paper before the witness. Thereafter he came to house twice for taking measurements and took another two days work in the central hall and in 2 side rooms. He did not turn up thereafter. The complainant together with the witnesses of agreement Mr. Sreedharan and Refeeq approached opposite party and demanded for finishing the work many times. On all occasions he agreed to come and finish the work but did not come and finished work. Atlast on 08.01.2010 complainant together with Mr. Sreedharan and Refeeq approached opposite party in his house and demanded to return the amount if he is not able to do the work. He told then he had not received the amount and if want to go and file case. He also threatened that if he comes again with any such demand he would be killed. On enquiry it was understood that many people were subjected to such cheating by him. Legal notice sent also not replied by opposite party. Hence this complaint.
Though notice send by the Forum was properly served opposite party remained absent and subsequently declared exparty. Complaint took out an Expert Commission in order to get a report on the work done by the opposite party and the Commissioner appointed by this Forum filed C.R.
Complainant adduced evidence by way of chief affidavit and marked Ext.A1 to A3 and Ext.C1 in order to prove the case of the complainant.
The main point to be answered is whether there is any deficiency of service on the part of opposite party and complainant is entitled for the compensation? If so what is the quantum.
Complainant’s case is that opposite party undertake to carry out the ceiling work of the 10 rooms of his house for a consideration of ` 4,50,000 and on agreement complainant paid ` 3,00,000 in the presence of witnesses. But opposite party did not carry out the work even after repeated request and legal notice. Complainant adduced evidence by means of affidavit that the opposite party has undertaken to carryout ceiling work of 10 rooms of complainant’s house for a sum of ` 4,50,000 and complainant paid ` 3,00,000 as advance in the presence of Mr. Sreedharan, Refeeq and the wife or complainant. Ext. A1 contract reveals that opposite party has received the above said amount of ` 3,00,000 from the complainant for doing the work of the complainant. Opposite party has agreed in Ext.A1 to complete the work within two months, failing which to refund the amount ` 3,00,000 paid as advance to the complainant. It was also agreed to bear the entire loss in case of non-completion of the work. Hence Ext.A1 proves that opposite party has already received ` 3,00,000 as advance out of total consideration of ` 4,50,000 so as to complete the ceiling work of the house. Ext.A2 is the copy of legal notice send by complainant. Ext.A3 proves that complainant send legal notice to opposite party. The allegations raised in the notice has been pleaded by the complainant and the same with support by chief affidavit.
In order to substantiate the pleadings of complainant an Expert Commission was taken out and the report of the commissioner marked as Ext.C1. The report of the Commissioner specifically stated that he had inspected the house of the complainant in the presence of both complainant and opposite party. Commission in this report states that opposite party has done ceiling work of 3 rooms only out of 10 rooms. It has also stated that finishing works of these three works also have not been completed by the opposite party. Commissioner calculated the expense of the work of these three rooms as ` 92,000 for the wood as ` 12,500 in the item of cooli as ` 8,500 for extra expenses in other items (viz) transport, planning charge, nail and other article etc. According to him the total expense estimated to ` 1,13,000. Commissioner also stated that he could not see any wood materials left therein, in other rooms for the balance work. Ext.C1 report reveals that the opposite party performed certain works which can be valued ` 1,13,000. It is pertinent to note that inspection of the Expert Commissioner had been carried out in the presence of opposite party.
It is very much clear from the report of the Commissioner that the absence of opposite party before the Forum is a result of predetermination. The Commission has assessed the total value of the work done by the opposite party as ` 1,13,000. Ext.A1 proves that opposite party received ` 3,00,000 as advance.
Eventhough the opposite party received ` 3,00,000 he did not feel the responsibility to complete the work in accordance with the terms of understanding. Hence we have no hesitation to hold that there is unfair trade practice amounts to deficiency in service on the part of opposite party. The work he has done worth only ` 1,13,000 as per Ext.C1. In all respect opposite party is liable.
The pleading and evidence affidavit regarding the pain and sufferings and economic loss cannot be blatantly ignored. To this count complainant is entitled for an amount of ` 10,000. Complainant is also entitled for a sum of ` 1,000 as cost of this proceedings. Hence opposite party is liable to refund ` 2,87,000 out of advance paid by the complainant and ` 10,000 as compensation together with ` 1000 as cost of this proceedings. Order passed accordingly.
In the result, the complaint is allowed directing the opposite party to refund ` 2,87,000 (Rupees Two Lakh Eighty Seven Thousand only) from the payment made by the complainant and also to pay ` 10,000 (Rupees Ten Thousand only) as compensation together with ` 1,000 (Rupees One Thousand only) as cost of this proceedings within one month from the date of receipt of this order failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Copy of Contract.
A2. Lawyer notice.
A3. Postal acknowledgment card.
Exhibits for the Court
C1. Expert Commissioner’s Report.
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
