By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite party to finish the work as assured to be completed and admitted by the Opposite party within 30.04.2014 with full satisfaction of the complainant or to permit the Complainant to finish the work and recover the amount already given to the cost and loss from the Opposite party, to pay an amount of Rs.50,000/- being the loss and damages for mental agony of Complainant, direct the Opposite party to pay an amount of Rs.50,000/- to the Complainant towards compensation to pay Rs.5,000/- as cost of the proceedings.
2. Complainant's case in brief as follows: The Opposite party offered quality work and quoted some work and started the carpentry work and other furnishing work on 23.07.2013 and agreed to finish the work on or before 31.12.2013. The complainant entrusted some additional works to the Opposite Party and extended time limit up to 30.04.2013. The blessing of hospital is scheduled to be conducted on 04.05.2014. Altogether an amount of Rs.13,93,000/- is obtained by Opposite party on different dates. After obtaining the entire amount including the price of tables and chairs the Opposite party stopped his work in the Complainant's hospital. The Opposite Party intentionally cheated the Complainant and due to the gross negligence and unfair trade practice on the part of the Opposite party the Complainant sustained heavy loss. Hence the complaint.
3. On receipt of the complaint, notice was issued to Opposite party and Opposite Party appeared before the forum but not filed version even if several chances were given. The Opposite Party is there after set exparte. The Complainant filed IA 183/14 for taking out commission and the IA 183/14 is allowed and commission was deputed. The Commissioner filed report.
4. On going through the complaint, documents, and Commissioner report, the Forum raised the following points for consideration.
1. Whether there is deficiency of service from the part of Opposite Party?
2. What order as to cost and compensation?
5. Point No.1:- The Complainant in addition to complaint, filed proof affidavit and the Complainant is examined as PW1 and documents are marked as Ext.A1 to A3 and commissioner report is marked as Ext.C1 series (a) to (h). Ext.A1 is the details of payment made by complainant, Ext.A2 is the original agreement between Complainant and Opposite party for the entrustment of work. As per commission report, the Commissioner states that the amount need to complete all the required work without paint and polish work will be Rs.8,58,498/-. The amount as per the evaluation for the work done so far comes to Rs.4,22,977/-. Hence the contractor is supposed to do the remaining work for the balance amount of Rs.4,35,521/- to complete the work. As per Ext.A2 document, it is stated that the work stated in the annexure 3 of the document is already completed. Annexure -3 is the details of painting, polishing, fixing and carpentry work. As per Ext.A2 documents, it is stated that the annexure 3 work are already completed. By analysing all these documents, the Forum found that the remaining works to be completed is stated in the commission report. There is no evidence before the Forum that any other remaining work is pending other than what is stated in the Commission report. So the Forum reached to a conclusion that on the basis of commission report ie Ext.C1 series, the remaining work to be completed is for an amount of Rs.4,35,521/-. So the Forum found that there is deficiency of service from the part of Opposite Party in completing the work. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get the cost of compensation. Completion of work with the Opposite Party is not advisable since the relationship between the Opposite party and Complainant is not in good terms.
In the result, the complaint is partly allowed and the Opposite party is directed to pay Rs.4,35,521/- (Rupees Four Lakh Thirty Five thousand Five hundred and Twenty One) only to the Complainant with 12% interest from the date of filing of this complaint till realisation. The Opposite party is also directed to pay Rs.50,000/- (Rupees Fifty thousand) only as compensation and Rs.10,000/- (Rupees Ten thousand) only as cost of the proceedings. The Opposite Party shall comply the order within 30 days from the date of receipt of this order failing which the complainant is entitled to get 6% interest for the awarded compensation and cost thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of November 2014.
Date of filing: 25.04.2014.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibit for the complainant:
A1. Copy of Detail of Payment.
A2. Agreement.
A3. list of Work completed.
C1 series. (a to h)
(a) Letter dt: 06.06.2014.
(b) Inspection Report. dt:06.06.2014.
© Tabulation Sheet.
(d) Valuation of St.Martin Hospital Furniture
(e) Report filed by Subin P.S dt:04.06.2014
(f) Notice dt:03.06.2014.
(g) Notice. dt:03.06.2014.
(h) Copy of Quatation of Mr. Pradeep Kumar.
Exhibits for the opposite Party.
Nil.
