IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

                    Saturday the 06^th day of November, 2021

                               Filed on 30.11.2020

Present

1.  Sri.S.Santhosh kumar.Bsc.LLB(President)

2.  Smt. Sholly.P.R ,LLB (Member)

                                                          In

                                         CC/No.312/2020

                                                     Between

Complainant:-                                                                  Opposite parties:-

    Sri.Lejikumar.K.C,                                      1.       M/s Aqua Water Proofing

Karackappallychira                                               C/o Sandeep  

Charamangalam                                                    S/o Gopi, Kalathara House

Muhamma P.O                                                     Vazhappally, Changanasserry

Cherthala,Alappuzha-688525                                Kottayam.

(party in person)|                                                   (Exparte)

                                                     O R D E R

SMT. SHOLLY.P.R (MEMBER)

        Complaint filed u/s 35 of  Consumer Protection Act, 2019

 Brief facts of the complaint are as follows:-

 The complainant contacted the opposite party for  water proofing on the upper portion of his newly constructed house.  The opposite party completed the work of 1200 sqft @ Rs.35 per sqft and received the entire amount for the said work ie, Rs.42,000/- from the complainant.

          After a week from completing the work it was seen that the materials of the water proofing was collapsed and affixed on the foot while walking on it.  When the defect was informed to the opposite party, he agreed to cure the same as earliest.  But he then switched off his mobile phone.

          Thereafter the complainant preferred a complaint before Muhamma Police Station on 18/3/2020. The police called the opposite party at station where the opposite party agreed to cure the defect within 10^th October 2020 and wrote it in the register.  But till date the opposite party has not turned up for redressing his grievance.  Alleging deficiency in service and unfair trade practice from the part of  opposite party the complainant filed this complaint for refund of the amount of Rs.42,000/- along with Rs.500/- as compensation from the opposite party.

          Notice issued from this Commission returned with endorsement  “ Addressee out of station intimation given, thereafter unclaimed”.  Hence the opposite party was called absent, set exparte.

2. Points to be considered as follows:-

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

2. Whether the complainant is entitled to refund Rs.42,000/- from the opposite party?

3. Reliefs and cost?

3.      Point No.1 and 2:-

          Complainant filed chief affidavit in tune with the complaint and marked Ext.A1 to A3.  The complainant’s case is that he entrusted the opposite party for installing water proofing to the top of his house.  Accordingly the opposite party had completed the work covering an area of 1200 sqft @ of Rs.35/- per sqft and received the entire cost of the said work.  It seens from Ext.A1.

          But within a short span of time,ie, after a week the materials layed for water proofing were collapsed and loosing from the surface, for proving the same the complainant produced Ext.A2 photographs.

          On informing the damages the opposite party agreed to cure the defect at the earliest but did not turned up.  Thereafter the complainant preferred a complaint to Muhamma Police Station where the Police called both parties and the opposite party agreed by writing to redress the grievance of the complainant before 10/10/2020, the same was proved by Ext.A3.

          In the above circumstances the allegation leveled against  the opposite party in the complaint was proved by the complainant.  Hence we are also constrained to hold the view that the opposite party committed deficiency in service on his part.  Therefore the complainant is entitled to get the reliefs sought for in the complaint.

4.      Point No.3:-

          In the result the complaint stands allowed directing the opposite party to refund Rs.42,000/- being received from the complainant as cost for the defected water proofing. The opposite party also directed to pay Rs.500/- as compensation and  Rs.500/- as cost of the proceedings to the complainant.

The order shall be complied within one month from the date of the receipt of the copy of this order.

Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 06^th day of November, 2021.

         Sd/-Smt. Sholy.P.R(Member)

                                               Sd/-Sri.S.Santhosh Kumar(President)

Appendix:-Evidence of the complainant:-

Ext.A1       -          Bill .

Ext.A2       -        Photographs

Ext.A3       -        Copy of Complaint(Muhamma Police Station)

Evidence of the opposite parties:- Nil

///True Copy ///

To     

          Complainant/Oppo. party/S.F.

                                                                                                     By Order

                                                                                                Senior Superintendent

Typed by:- Br/-

Compared by:-