DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678001, Kerala

Dated this the 23^rd day of October, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC.No.56/2010

Rajesh,

S/o.P.Unnikrishnan,

5/377, Viswakarma Nagar,

Melemurali Estate.P.O,

Railway Colony,

Palakkad. - Complainant

(By Adv.K.A.Stanley James)

Vs

Muhammed Insak,

Plywood Centre,

Zam Zam Complex,

Mettupalayam Street,

Palakkad. - Opposite party

(By Adv.K.Sivadasan)

O R D E R

By Smt.Preetha.G.Nair, Member

The complainant had entered into an agreement with the opposite party for supplying ready made doors and windows. The complainant had constructed house under the loan sanctioned in Andhra Bank, Palakkad. Also the complainant has employed in Post Office. The opposite party has given quotation for supplying doors and windows on 27/01/10 for Rs.92,000/- to the complainant. The complainant has filed the quotation to the Andhra Bank. Then the bank had issued Demand Draft of Rs.92,000/- in the name of opposite party dt.28/01/2010. At the time of receiving the DD the opposite party stated that the doors and windows are supplied within 4 days to the complainant. Thereafter the opposite party has paid back Rs.30,000/- to the complainant and stated that all materials are not available here. After some weeks the opposite party had given 5 doors and one door

frame to the complainant worth Rs.27,000/-. The opposite party has not given doors and windows worth Rs.35,000/-. The complainant has approached opposite party several times and demanding the door materials of worth Rs.35,000/-. The opposite party has not supplied the door materials. The complainant has paid interest of Rs.92,000/- to the Andhra Bank from 28/01/2010. Also the construction of the house of complainant was pending due to the non-availability of door materials. The act of opposite party amounts to mental agony and damages to the complainant. Hence the complainant prays an order directing the opposite party to pay Rs.35,000/- as the balance cost of door materials and Rs.5,000/- as the interest paid to the Bank and Rs.10,000/- as compensation to the damages and mental agony and cost of the proceedings.

The opposite party filed version stating the following contentions. The opposite party admitted that he had entered into an agreement with the complainant for supplying ready made doors. The opposite party submitted that he had received a DD for Rs.92,000/- and the complainant has received back Rs.30,000/-. The opposite party had already supplied the entire materials for Rs.62,000/- to the complainant. After supplying the doors the complainant demanded for further supply on credit facility. The opposite party was not ready to further supply on credit facility. So the opposite party demanded the cost of the materials to be supplied with requisite tax. But the complainant was not ready to make the payment. The opposite party is not liable to pay any amount to the complainant. The opposite party has not committed any deficiency in service. The opposite party stated that the complainant has admitted in the complaint that he had received 5 doors and 1 door frame each cost about Rs.27,000/-. Then the opposite party stated that he had supplied 5 doors, 1 front door and one door frame of cost Rs.62,000/- to the complainant. So the opposite party prayed that dismiss the complaint with cost.

The complainant filed chief affidavit and documents. Ext.A1 to A4 marked. The opposite party has not filed affidavit or documents.

Issues to be considered:

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

2. If so, what is the relief and cost entitled to the complainant?

Issues 1 & 2:

We perused relevant documents on record. Admittedly the complainant had entered into an agreement with the opposite party for supplying ready made doors and windows. From this the opposite party has received a DD for Rs.92,000/- as per Ext.A2 dt.28/01/2010. The complainant stated that he had received Rs.30,000/- and 5 doors and one door frame worth Rs.27,000/-. The opposite party stated that he had supplied 5 doors, 1 front door and one door frame worth Rs.62,000/- to the complainant. As per Ext.A1

7 x 5 ½ Teak wood frame with side window 1 No. Rs.24,000/-

7 x 3 Teak wood front door Rs.14,000/-

4 x 1 ½ window frame with glass 21 Nos x 1500 Rs.31,500/-

6 ¾ x 2 ¾ moulded door 5 x 3000 Rs.15,000/-

bath room door 3 x 2500 Rs.7,500/-

are the materials in the quotation. The opposite party stated that he had supplied 5 doors, one front door and one door frame of cost Rs.62,000/- to the complainant. No evidence was produced by the opposite party to show the details of doors and door frames supplied to the complainant. The complainant stated that the opposite party has not supplied the door materials worth Rs.35,000/-. According to Ext.A4 the doors and windows are not fixed in the house. No contrary evidence was produced by the opposite party. Also the opposite party has not raised objection to marking of photos. The opposite party has not produced the

detailed cost of doors and door frame supplied to the complainant. The complainant has paid the total amount of Rs.92,000/- to the opposite party as per Ext.A2. Even though the opposite party has failed to supply the door materials to the complainant. Also the complainant stated that he could not construct the house due to the non availability of the door materials. As per Ext.A2 the DD was given by the Andra Bank to the opposite party. So the complainant stated that he has liable to pay the interest to the Andhra Bank. It is a fit case for the deficiency in service. The complainant stated that the opposite party has not supplied the door materials of worth Rs.35,000/-. In view of the above discussions we are of the view that there is deficiency in service on the part of opposite party for not supplying the door materials to the complainant. Hence the complaint allowed.

We direct the opposite party to pay Rs.35,000/- (Rupees Thirty five thousand only) with 12% interest from the date of DD to date of order and pay Rs.2,000/- (Rupees Two thousand only) as cost of the proceedings to the complainant. Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.

Pronounced in the open court on this the 23^rd day of October, 2010

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Date of filing: 28/04/2010

Appendix

Witnesses examined on the side of complainant

Nil

Witnesses examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Quotation dt.27/01/2010 given by opposite party to complainant

Ext.A2 – Photocopy of DD No.701921 dt.28/01/2010 for Rs.92,000/-

Ext.A3 – Negative

Ext.A4 – Photos 16 Nos.

Exhibits marked on the side of opposite party

Nil

Cost (Allowed)

Rs.2,000/- (Rupees Two thousand only) allowed as cost