D.O.F:06/02/2021
D.O.O:08/09/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.32/2021
Dated this, the 08th day of September 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Moideenkunhi Perla, aged 57 years,
S/o P. Ali R/at For Rest Swarga Read,
Post Perla, Enmakaje Village, : Complainant
Kasaragod District, 671552
(Adv: Anantharama.P)
And
Muhammed Shanif.K.M
S/o Shareef R/at K.M.Cottage : Opposite Party
Bilal Nagar Nellikkatta, Nekraje,
Kasaragod Taluk. 671543
ORDER
SMT.BEENA.K.G : MEMBER
This complaint is filed under section 12 of the consumer Protection Act.
The complainant in connection with the marriage of his son was in search of experienced workers for making the bed room interior works. The Opposite Party has come forward on 02/09/2020 and agreed to do the works for a total sum of Rs. 1,00,000/-. and they entered into an oral agreement. Opposite Party agreed to finish the entire interior work on or before 18/09/2020 and the advance amount of Rs. 50,000/- was transferred to Opposite Parties account on that day itself. And another 10,000/- transferred his account on 04/09/2020 through the net banking system of his son Roshan Ali. His account No: 5247140819 of City Bank M.G road Bangalore branch to Opposite Parties bank account No: 4062500101613001 of Karnataka Bank Kasaragod Branch. On 05/09/2020 Opposite Party brought some materials for interior work, started the work of a cupboard and demanded Rs.25,000/-. Complainant asked him to complete the work immediately and that remaining balance will be paid soon. But Opposite Party insisted to pay some amount and an amount of Rs. 15,000/- was transferred to his account though net banking system. Even after receiving Rs. 75,000/- Opposite Party did not turned up or finished the work. On approaching and requesting to complete the work Opposite Party evaded from completing the work by stating false excuses after snatching 75 percent of money from complainant. Complainant made several phone calls but all those attempts were failed. So the complainant had constrained to re entrust the interior works to one Nagesh to finish the work emergently on or before 25/09/2020 and had spent much more due to urgency of work. The few materials brought by Opposite Party and the work of cardboard partly done had become useless. The conduct of Opposite Party in not completing the work undertaken by him and also avoid the work in the last minute without any proper reason caused heavy mental pain agony and financial loss to the complainant. Hence this Complaint for a compensation of Rs. 50,000/- from opposite party with refund of paid amount.
Notice to Opposite Party served but he did not turned up name called absent set exparte.
Complainant filed proof affidavit in lieu of chief examination Ext A1 to A4 marked. Ext A1 is the lawyer notice, Ext A2 is the postal acknowledgment card, Ext A3 and A4 is the computer print copy of the statement of account. Heard the complainant the main question raised for consideration are,
1. Whether there is deficiency in service or unfair trade practice on the part of Opposite Party?
2. If so what is the relief?
For convenience issue No: 1 and 2 can be discussed together.
In connection with the marriage of his son complainant entrusted the interior bed room work of his son Roshan Ali, Opposite Party accepted the work and demanded advance amount of Rs 60000/- Out of which Rs 50,000/- was given on that day. Thereafter opposite party continuously demanded money complainant was constrained to pay Rs. 25,000/- considering the urgency of the work. But Opposite Party did not even completed a cupboard and complainant caused to send a lawyer notice Ext A1 on 07/10/2020 due to urgency of work. While perusing the available documents before us we are of the opinion that opposite party had no intension to complete the work, Instead his intension was to snatch as much as money from complainant in the name of the work. In the absence of contra evidence complainants case stand proved.
There is gross negligence and deficiency in service on the part of Opposite Party, which caused severe mental, physical, and financial stress to the complainant. Opposite party is bound to compensate those agony and loss, Opposite Party is responsible for the wasted materials purchased for the work as the work is not finished even after lawyer notice Ext A1. Experience workers have their own list for materials, the loss and mental strain undergone by the complainant during that time is severe. Therefore considering the materials before us we are of the opinion that Opposite Party is bound to refund the advance amount of Rs. 75000/- collected from the complainant along with a reasonable compensation and cost.
Therefore complaint is allowed directing Opposite Party to refund Rs 75000/- with Rs. 25,000/- (Rupees Twenty five thousand only) compensation and Rs.5000/- (Rupees five thousand only) cost to the complainant within 30 days from the date of receipt of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Lawyer Notice
A2- Acknowledgment Card
A3 & A4 computer print copy of Statement of account
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
