By. Smt. Renimol Mathew, Member:-
The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order to get back the amount of Rs.15,000/- paid in advance to the opposite party by the complainant to dig a borewell and to get compensation and cost of the proceedings.
2. Brief of the complaint:- The complainant entered in to an agreement with opposite party to dig a borewell and on 16.03.2013 he had paid Rs.15,000/- as advance to the opposite party, the very same day itself, the opposite party started his work at complainant's premises. After four hours of work opposite party stopped his work and informed that in order to continue the work he need PVC pipes then left the place to bring PVC pipes. Thereafter several occasions complainant contacted the opposite party, but he was not ready to complete the work. This cause many inconveniences to the complainant. The complainant alleges that this is deficiency of service on the part of the opposite party. Hence the complainant filed this complaint before the Forum to redress his grievances.
3. Notice served to opposite party but opposite party not present before the Forum or filed version, hence the opposite party is set ex-parte and proceeded with the case.
4. On considering the complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service on the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- Complainant filed chief affidavit and Exts.A1 and A2 documents were marked. Ext.A1 is the Receipt issued by the opposite party to the complainant for advance payment. Ext.A2 is the paper cutting. Complainant's counsel submitted that opposite party violated the terms and conditions of the oral agreement. The opposite party started his work but not completed, so the complainant could not entrust another person to complete the work. More over that complainant had spend more than Rs.10,000/- to buy water from the tanker lorry during summer season. There is no evidence to the contrary. So we finds that there is deficiency of service on the part of the opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found against the opposite party the complainant is entitled to get back the advance amount he had already given to the opposite party with cost and compensation.
In the result the complaint is partly allowed and the opposite party is directed to return Rs.15,000/- (Rupees Fifteen Thousand) only with 10% interest from 16.03.2013 till full payment. The opposite party is also directed to pay Rs.5,000/- (Rupees Five Thousand) only towards cost and compensation to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 12th day of May 2014.
Date of Filing:13.08.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Jayaprakash. P. S (Proof Affidavit).
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Quotation. Dt:16.03.2014.
A2. News Paper cutting.
Exhibits for the opposite Party:
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
