BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 315/2008 Filed on 20.12.2008

Dated : 30.04.2009

Complainant:

Gopakumar. K.P, Chirayil Veedu, Kamukarakonam, Vattappara P.O, Thiruvananthapuram-28.

Opposite party:

The Manager, KRIBS Digital Offset Printers, U.R-7, Uppalam Road, Statue, Thiruvananthapuram-1.

This O.P having been heard on 04.04.2009, the Forum on 30.04.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The complainant in this case is a sculptor who makes idols. He got a work agreement with the temple authorities of Palmbizhinji Devi Temple. For that purpose the complainant entrusted the opposite party the plan and C.D for colour designing and he paid Rs. 500/- as advance to the opposite party on 24.11.2008. The opposite party agreed that within one week he will finish the work. But the opposite party did not complete the work within time. The complainant told the urgency of the work entrusted to the opposite party and he told the opposite party that the last date to submit the plan and C.D was on 16.12.2008. But the opposite party till 16.12.2008 neither finished the work nor returned the original plan and C.D to the complainant. For that only reason the temple authorities cancelled the work agreement with the complainant. For that complainant has lost about Rs. 5 lakhs as the benefit from the above said work. The work was for Rs. 35 lakhs. The complainant alleges that he has lost his goodwill in this connection. The complainant also states that this incident seriously affected his mental condition and now he is undergoing treatment for that. Hence he filed this complaint to get Rs. 5 lakhs as compensation for his mental agony and loss.

In this case the opposite party, the Manager, KRIBS Digital Offset Printers remained exparte. The complainant has filed proof affidavit and produced 4 documents. The documents were marked as Exts. P1 to P4.

Points that would arise for consideration are:-

1. Whether there is deficiency in service from the side of opposite party?

2. Whether the complainant is entitled to get the reliefs?

3. Costs.

Points (i) to (iii):- The affidavit filed by the complainant in this case stands unchallenged. The document marked as Ext. P1 is the copy of advance payment receipt issued by the opposite party to the complainant on 25.11.2008. Ext. P2 is the copy of cash bill issued by RG SAM Press & Stores to the complainant on 24.11.2008. Ext. P3 is the copy of letter issued by the temple authorities to the complainant dated 17.12.2008 informing that they decided to give the work order to another sculptor because the complainant did not furnish the plan within time. Ext. P4 is the copy of psychiatric treatment certificate issued by Karuna Sai Mental Health Centre, Vellanad.

From these documents and evidence, we have concluded that there is cause of action for filing the complaint. But the complainant has adduced no evidence regarding the details of his work agreement for Rs. 35 lakhs. He stated in the complaint that the work was for Rs. 35 lakhs and from that work he will get Rs. 5 lakhs. From Ext. P1 document we can see that the complainant had paid Rs. 500/- as advance for design charges to the opposite party. From Ext. P3 document we can see that the temple authorities cancelled the work agreement with the complainant due to non-production of the plan on or before 16.12.2008 but nowhere it is seen that the work is for Rs. 35 lakhs. From these documents we are of the view that the opposite party did not do the work in time to the complainant and the complainant has lost his work accordingly. For that reason the complainant has suffered huge mental agony and financial loss. Hence the opposite party is held liable for his negligent and deficient service. Hence the complaint is partly allowed.

In the result, the opposite party is directed to refund Rs. 500/-, the advance amount to the complainant with 12% annual interest from 25.11.2008. The opposite party also shall pay Rs. 5,000/- as compensation for his mental agony and loss and Rs. 1,000/- as costs of this proceedings. Time for compliance one month. Thereafter 12% annual interest also will be paid.

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 Forum, this the day of 30^th April 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 315/2008

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of job order dated 25.11.2008 issued by KRIBS

Digital Offset Printers.

P2 - Copy of cash bill dated 24.11.2008 for Rs. 75/-.

P3 - Copy of letter dated 17.12.2008 issued by Secretary,

Plampazhinji Devi Temple.

P4 - Copy of certificate dated 25.12.2008 issued by Karunasai

Mental Health Centre, Vellanad.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT