DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 16^th day of August 2019

Present: Smt.Shiny.P.R, President

          : Sri. V.P.Anantha Narayanan, Member            Date of Filing: 20/12/2018

(C.C.No.178/2018)

1. Nishi.M,                                                             

    W/o.Sanal Kumar,

    ‘Kaliyankandath’,

    Behind Fire Station,

    Palakkad – 678 001.                                  -        Complainants

2. Saritha.P.R,

    W/o.Nandakumar,

    ‘Muralika’,

    Opposite Akathethara Panchayath,

    Akathethara,    

    Palakkad – 678 008.                                                     

    (By Party in Person only) 

Vs

Mohammad Shafi,

3/253, Laksham Veedu,

Athikkode(P.O),                                                      -        Opposite party

Palakkad – 678 554.  

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of the complaint.

The complainants had taken a room for rent to start a tailoring unit under the name and style Srishti Boutique. For this they entrusted the interior work with opposite party for the total amount of Rs.89,000/- as orally agreed by both parties. On 26-10-2018 and 12-11-2018 complainants paid Rs.50,000/- and Rs.15,000/- respectively as advance to the opposite party and they decided to open the shop on 14-11-2018 and made all arrangements for that.  As the opposite party did complete the work on fixed date complainants could not open the shop till December 2018. Complainants submitted that due to the deficiency in service on the part of opposite party they have suffered a lot of mental agony and financial loss. Complainants further submitted that a lot of defects were also occurred in the work done by the opposite party. Complainants have spent an additional amount of Rs.25,000/- for curing the defect in the glass work done by the opposite party. Hence the complaint. Complainants pray for an order directing opposite party to pay an amount of Rs.1,50,000/- to them as compensation for mental agony and financial loss.

         Complaint was admitted and notice was issued to opposite party. After accepting notice opposite party not appeared before the Forum. Hence name called set ex-parte.

Complainants filed chief affidavit. Exts.A1 to A3 were marked from the side of the complainant. 

Complainants filed IA 58/2019 for the appointment of an expert commission to inspect the property and to file detailed report. Application was allowed and Mr.P.M.Sherif was appointed as expert commissioner. After inspection he filed report which was marked as C1 series.  

The following issues are raised for consideration

1. Whether there is deficiency in service on the part of opposite party?
2. If so, what is the relief?

Issues 1&2

Heard. We have perused the documents filed by the complainant.

Ext.A1 to A3 documents were produced to prove the case of the complainant. In Ext.C1 report commissioner reported that the work appeared to be completed, but the total works were completed with the following defects-                                            1) The front side glass shutter door is not closing properly.  2) The two side clothes reaches are finished using very low cost materials, the racks are not having enough width.  The timber posts are of low quality wooden posts.  3) The cash table and the computer table are not having enough space and height.     4) The rear side dressing room is not having proper length and width.

He also reported that Rs.19,000/- is needed to rectify the above defects. As the opposite party remained ex-parte, the evidence tendered by the complainant stands unchallenged.  Relying upon the report of the commissioner we are of the view that opposite party has the liability to pay Rs.19,000/- for curing the defects in addition to the compensation for mental agony suffered by the complainants.

In the result complaint is allowed. Opposite party is directed to pay       Rs.19,000/-(Rupees Nineteen Thousand only) towards rectification cost,          Rs.10,000/-(Rupees Ten Thousand only) for compensation for  mental agony suffered and Rs.5,000/-(Rupees Five Thousand only) as cost of proceedings. 

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.

Pronounced in the open court on this the 16^th day of August 2019.

Sd/-

    Shiny.P.R.                     

     President   

          Sd/-   

         V.P.Anantha Narayanan

     Member

Appendix

Exhibits marked on the side of complainant.

Ext.A1 – Invoice dated 28-Nov-2018 issued by opposite party to the complainants.

Ext.A2 – Cash received acknowledgment from Opposite party.

Ext.A3 – Work details.

Exhibits marked on the side of Opposite party

NIL

Commission Report

Ext.C1series- Commissioner’s report dated 8/6/2019.(Original)

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost:   Rs.5,000/-