Kerala

Idukki

CC/167/2019

Adv : shine vargheese - Complainant(s)

Versus

M S Philipose - Opp.Party(s)

26 Dec 2019

ORDER

DATE OF FILING :26/09/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of December 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 167/2019

Between

Complainant : Adv.Shine Varghese, S/o P.T.Varghese,

Pulickakunnel House,

Kumily Village, Idukki District,

Kerala – 685 509.

(By Adv: Babichen V.George)

And

Opposite Party :1 . Mr.M.S.Philipose @ Bright,

Matha Stone Works, Eraniel Road,

Thuckalay, Tamil Nadu, Pin-629 175.

2 . Mrs. S.Kala, W/o M.S.Philipose @ Bright,

Matha Stone Works, Eraniel Road,

Thuckalay, Tamil Nadu, Pin-629 175.

 

O R D E R

SMT. ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

The complainant is the parishioner of St.Thomas Forane Church Kumily and the complainant offered to donate a Stone Cross to the newly constructing church in the name of complainant's parents. For the purpose the complainant approached the opposite parties for getting 27 feet height stone cross having the value of Rs.5,10,000/- on the month of October 2017. That the opposite parties visited the church at Kumily and demanded an amount of Rs.1 Lakh towards advance and they promised to supply the cross and erect the same at church premises at Kumily within one year, from the receipt of advance amount. As per that, the complainant paid an amount of Rs.1 Lakh through cheque bearing No.576647 drawn on the South Indian Bank Ltd., Kumily Branch. The complainant visited seven times at the workshop of opposite parties. But opposite parties

(Cont.....2)

-2-

have not supplied the cross till the date. That due to the deficiency of service on the part of opposite parties, they are liable to pay an amount of Rs.1 Lakh with 18% interest per annum and an amount of Rs.40,000/- which the complainant spent for visiting their workshop and Rs.1 Lakh compensation for mental agony and pain of the complainant. The complainant issued legal notice to opposite parties. Opposite parties received the notice. But they have not paid the amount. The opposite parties had no reason to delay the work. It is gross deficiency in service and unfair trade practice on the part of the opposite parties. Hence they are liable to return the advance amount of Rs.1 Lakh and interest amount of Rs.31,500/- along with 12% interest per annum from 23/07/2019 and also compensation and costs.

 

Notice served from the Forum. But opposite parties didn't appear before this Forum. So, opposite parties set exparte. Evidence adduced by the complainant by way of proof affidavit and documents. Complainant produced 4 documents. P1 is the statement of South Indian Bank, P2 is the copy of legal notice, P3(s) are the receipts and P4 (s) are the acknowledgment cards which is marked as Ext.P1 to Ext.P(4) respectively.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsel for the complainant and have perused the evidence on record. It is considered that the complainant and the opposite parties had the transaction. As per the Ext.P1 document, the complainant paid Rs.1 Lakh to the second opposite party. Notice served to opposite parties but they didn't appear before this Forum. Hence, opposite parties set exparte.

 

Hence the petition allowed. Opposite parties are directed to return the advance amount of Rs.1,00,000/- and interest amount of Rs.31,500/- along with 12% interest per annum from 23/07/2019 and also directed to pay Rs.40,000/-

 

(Cont.....3)

-3-

towards the expenses spent for visiting the workshop of opposite parties at Thuckalay, Tamilnadu and cost of Rs.5000/- to the complainant within 30 days from the date of receipt of the copy of this order, failing which the amount shall carry 12% interest per annum from the date of default till its realization.

 

Pronounced in the Open Forum on this the 26^th day of December, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 -Adv.Shine Varghese

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - The statement of South Indian Bank

Ext.P2 - The copy of legal notice

Ext.P3(s) - The receipts

Ext.P4 (s) -The acknowledgement cards

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

SENIOR SUPERINTENDENT