Kerala

Thiruvananthapuram

CC/242/2023

Justin Samuel S D - Complainant(s)

Versus

Managing director - Opp.Party(s)

27 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

               SRI.P.V.JAYARAJAN           : PRESIDENT

            SMT.PREETHA G NAIR       : MEMBER

                                     SRI.VIJU.V.R                        : MEMBER

CC.NO.242/2023 (Filed on : 19/05/2023)

ORDER DATED : 27/06/2024

COMPLAINANT

Justin Samuel.S.D

S/o.David, Residing at Sangeerthana

Madathikonam, Veeranakvu.P.O

Kattakkada – 695572

(Party in person)

VS

OPPOSIE PARTY

The Managing Director,

Surekha Exports,

MS 20, 2^nd Floor, Emeralad Mall,

Mavoor Road, Kozhikkode - 673004

(Exparte)

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party. After admitting the complaint notice was issued to the opposite party to appear before this commission on 19/07/2023. Notice issued to the opposite party was returned with endorsement “addressee left” and hence the complainant was directed to take steps against the opposite party. The second notice issued by this commission to the opposite party was served on 05/12/2023. When the case came up for consideration on 19/01/2024, the opposite party was absent and there was no representation and hence the opposite party was called absent and set exparte.

3. The case of the complainant in short is that the complainant’s son Jishanth after being attracted by an advertisement published on behalf of the opposite party regarding the work for erecting a Cricket and Football Turf in an inexpensive manner, the complainant entrusted the opposite party to furnish a quotation for the said work and accordingly the opposite party furnished a quotation for an amount of Rs.25,11,000/- (Rupees twenty five lakhs and eleven thousand only) to the complainant’s son. On receipt of the quotation by mutual understanding the complainant has agreed to do the entire earth leveling work and the opposite party has to complete turf work alone. Accordingly the opposite party issued a revised quotation for the turf work alone which comes to an amount of Rs.9, 85, 140/-  (Rupees nine lakh eighty five thousand one hundred and forty only). As per the agreement between the parties, the opposite party demanded advance payment for starting the work and accordingly a sum of Rs.6,85,000/- (Rupees six lakh and eighty five thousand only) was paid by the complainant to the opposite party vide two separate payments. The complainant completed the entire earth work as agreed between the complainant and the opposite party and informed the opposite party for starting the turf work to be undertaken by the opposite party. Inspite of accepting the advance amount of Rs.6,85,000/- (Rupees six lakh eighty five thousand only) the opposite party has not complied with the agreement as promised. Though the opposite party unloaded certain materials at the work premises, after one month the opposite party send a lorry and informed the complainant that the materials are taking back by him and the same will be delivered within 15 days and when the complainant objected to it, the opposite party assured the complainant that if they did not return the materials, they will compensate the loss that will be sustained by the complainant. As the opposite party failed to do the turf work, the complainant asked the opposite party to start the work or return the advance amount paid by him. The opposite party was not ready to perform the work as agreed. The opposite party also not repaid the advance amount according to the complainant. The act of the opposite party amounts to deficiency in service and unfair trade practice and hence approached this commission for redressing his grievances.

4.           The evidence in this case consists of PW1 and Exts.A1 to A7 from the side of the complainant. The opposite party being declared exparte, there is no written version, affidavit or documents from the side of the opposite party.

5.           Points for consideration

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?

2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order  as to cost

6.           Heard. Perused affidavit, documents and records. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.A1 to A7 were produced and marked. Ext.A1 is the authorization letter issued by Mr.Jishanth in favour of the complainant Mr.Justin Sammuel. Ext.A2 is the bank account details slip of the opposite party. Ext.A3 is the quotation submitted by the opposite party for undertaking the turf work which amounts to Rs.25,11,000/- (Rupees twenty five lakhs eleven thousand only). Ext.A4 is the revised quotation submitted by the opposite party for an amount of Rs.9,85,140/- (Rupees nine lakhs eighty five thousand one hundred and forty only) for the turff work alone excluding the earth leveling work etc. Ext.A5 is the details of withdrawal of amount from the Treasury account of the complainant. Ext.A6 is the invoice of the materials taken back by the opposite party. Ext.A7 is the receipt issued to the complainant by the opposite party. The opposite party being declared exparte, there is no contra evidence from the side of the opposite party. Ext.A1 authorization proves that Mr.Jishanth has the authorized his father who is the complainant herein to filed this complaint and proceed with this complaint on his behalf. Ext.A2 proves that the opposite party is having an account at State Bank of India, Mavoor Road, Branch, Kozhikkode. Ext.A3 proves that the opposite party has provided a quotation for turf work for an amount of Rs.25,11,000/-(Rupees twenty five lakhs and eleven thousand only). Ext.A4 proves that the opposite party has issued a revised invoice for Rs.9,85,140/- (Rupees nine lakhs eighty five thousand one hundred and fourty only) for undertaking turf work alone. Ext.A5 proves the withdrawal of Rs.3,00,000/- (Rupees three lakhs only) and Rs.3,85,000/- (Rupees three lakhs and eighty five thousand only) on 26/02/2021 and 09/06/2021 respectively from the Treasury Savings Bank. Ext.A6 is the invoice of the materials taken by the opposite party according to the complainant. Ext.A7 is the receipt issued to the complainant by opposite party to the complainant. As there is no evidence from the side of the opposite party to discredit the evidence adduced by the complainant, 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 Exts.A1 to A7, we find that the complainant has succeeded in establishing his case against the opposite party. From the available evidence before this commission, we find that there is deficiency in service and unfair trade practice on the part of the opposite party. From the evidence, it is also evident that, the complainant has suffered mental agony and financial loss due to the act of the opposite party. As the mental agony and financial loss to the complainant was caused due to the deficiency in service and unfair trade practice 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, the complaint is allowed. The opposite party is directed to pay Rs.6,85,000/- (Rupees six lakhs eighty five thousand only) along with Rs.1,00,000/- (Rupees one lakh only) as compensation and Rs.2500/- being the cost of this proceedings to the complainant 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  realization / remittance.

                  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 27^th day of June 2024.

 

                                                                           Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

be/

 

 

 

 

 

 

 

APPENDIX

CC.NO.242/2023

 

List of witness for the complainant

PW1            - Justine Samuel

List of Exhibits for the complainant

Ext.A1         Copy of the authorization letter issued by Mr.Jishanth in favour of

                   the complainant Mr.Justin Sammuel.

Ext.A2         Copy of bank account details slip of the opposite party.

Ext.A3         Copy of the quotation submitted by the opposite party or undertaking the turf work which amounts to Rs.25,11,000/-

Ext.A4         Copy of revised quotation submitted by the opposite party for an amount of Rs.9,85,140/-

Ext.A5         Copy of the details of withdrawal of amount from the Treasury account of the complainant.

Ext.A6         Copy of the invoice of the materials taken back by the opposite party.

Ext.A7         Copy of the receipt issued to the complainant by the opposite party.

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

                                                                                                  Sd/-

                                                                                           PRESIDENT