IN THE CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

Dated this the 27^th day October 2022 Filed on: 24/02/2018

PRESENT:

Shri.D.B.Binu President

Shri.V.Ramachandran Member

Smt.Sreevidhia T.N. Member

C.C.No.89/2018

Complainant :

Secretary, Park View Apartment Owners Welfare Association, Market Road, Convent Junction, Ernakulam-682 011

Vs.

Opposite party :

Ratheesh P. Jose, OXOLAB, Peegees Mal, M.G.Road, Pallimukku, Cochin-682 016

(Ex-parte)

FINAL O R D E R

D.B.Binu, President.

1. A brief statement of facts of this complaint is as stated below:

This complaint is filed under Section 12 of the Consumer Protection Act, 1986. The complainant is a registered association formed for the welfare of the residential apartment’s owners of the apartment by name “PARK VIEW APARTMENTS”. The Association is represented by the Secretary who is also an owner and resident of the apartment. The complainant approached the opposite party for supply, installation and commissioning of CCTV in its premises and the opposite party submitted its quotation for supply of materials and labour for cabling, installation and commissioning of CCTV system in the Complainant’s premises.   As the opposite party failed to commission the said system properly, the complainant did not get the service offered by the Opposite Party. The complainant also did not receive the system repaired by the opposite party.  The prayer in the complaint is that compliant seeks refund Rs.97,729/- rupees along with 18% interest. And the compensation of Rs.10,000 may be ordered from the opposite party as compensation as well as the cost of the proceedings

2. Notice:

Notice was issued from the Commission to the Opposite Party and the Opposite Party received the notice, entered appearance and did not file their version. Hence Opposite Party is set ex-parte.

3. Evidence:

The complainant has filed the Proof Affidavit which is marked as Exbt.A1-A4.

1. Exbt.A-1 : Photograph

2. Exbt.A-2 : Attested Copy of the Bank Statement

3. Exbt.A-3 : Copy of the Letter dated 15.12.2017 issued by the complainant to the opposite party

4. Exbt.A4 : Copy of the Letter dated 02.01.2018 issued by the complainant to the opposite party

4. The following points are to be examined in this case:

I Whether the complaint is maintainable or not?

II Whether the complainant proved any deficiency in service or “Unfair Trade practice” from the side of the opposite party to the complainant?

III If so, Whether the complainant is eligible to get any compensation from the opposite party?

IV Cost of the proceedings, if any?

The issues mentioned above are considered together and answered are follows:

The complaint is maintainable as per the Consumer Protection Act,1986. Hence Point No. I is proved in favour of the complainant.

In the above case, the complainant has produced Ext.A1-A4. The opposite party was then issued notice through the registered post. The opposite party has neither appeared nor filed their version and hence set ex-parte. The opposite party has not honored his commitment as promised. The complainant has contacted the opposite party for service due to the deficiency in service of the opposite party. The complainant has incurred the loss of 97,719 along with 18% interest towards the installation as seen from Ext.A1 estimate for the entire CCTV system installation and Ext.A2 Bank statement received by the opposite party. Exbt.A-3 and A-4 two registered Letters dated 15.12.2017 and 02.01.2018 issued by the complainant to the opposite party asking him to repair the system. The opposite party did not respond to both the letters. These facts remain undisputed and therefore Points No. II, III, and IV are also decided accordingly. The loss incurred by the complainant towards the arrangement made by CCTV installation is not fully substantiated by the complainant

Hence the complaint is partially allowed as below.

As a result, we direct as follows:

1. The opposite party is directed to refund Rs 97,729/- received from the complainant for the installation and commissioning of CCTV system with interest @6% p.a from the date of receipt of the amount.

2. The Opposite party is further directed to pay Rs 10,000 /- as compensation to the complainant for mental torture and agony suffered by to the complainant.

3. The Opposite party is also directed to pay Rs 5,000 /- as cost of the proceeding to the complainant.

The opposite party is directed to comply with the above directions within 30 days from the date of receipt of a copy of this order failing which the complainant is directed to recover the above-mentioned amount with interest @ 9% pa from the date of payment till realization from the opposite party and his assets.

Pronounced in the open Commission this the 27^th day of October 2022.

Sd/-

D.B.Binu, President

Sd/-

V.Ramachandran, Member

Sd/-

Sreevidhia T.N., Member

Forwarded by order

Assistant Registrar

APPENDIX

Complainant’s Evidence

1 ) Exbt.A-1 : Photograph

2) . Exbt.A-2 : Attested Copy of the Bank Statement

3) Exbt.A-3 : Copy of the Letter dated 15.12.2017 issued by the complainant to the opposite party

4) Exbt.A4 : Copy of the Letter dated 02.01.2018 issued by the complainant to the opposite party Forwarded by

Opposite party’s Exhibits : Nil

C.C. 89/2018

Order dated 27.10.2022