SMT. RAVI SUSHA : PRESIDENT
Complainant filed this complaint U/S 35 of the Consumer Protection Act 2019 seeking to get an order directing opposite party to refund Rs.1,30,000/- to the complainant along with Rs.2 lakhs towards compensation and litigation cost.
Complainant’s case is that complainant entrusted OP to make kitchen cabin and show case work in the complainant’s newly constructed house. For that complainant executed an agreement with OP and paid Rs.1,30,000/- on 21/1/2019. As per the agreement the work shall be completed on 5/3/2019. As per the condition, the materials using for the work must be Century plywood, Century mica, Hetich soft cos inches. Further 6 years free maintenance work after completion of the work. But the OP had used low quality wood for the work and also done the work by engaging in experienced persons. After realizing the poor work made by the OP, complainant contacted OP and informed to rectify the defect. But though OP undertake to rectify the defective work, he had not rectified. Now the work done by the OP is in a disassembled condition. Hence this complaint.
Due notice was issued to OP. Though OP received notice, he has not turned up to contest the case. Hence OP was declared as exparte. Complainant has filed chief affidavit and documents. After that complainant has taken steps to appoint an expert commissioner and as per that Mr. Jinesh.O.K carpenter and Interior Designer was appointed to inspect the kitchen cabin and show case and filed a detailed report about its physical condition. The expert has executed the order and filed a report. Complainant was examined as PW1 and the documents were marked as Exts.A1 to A3 and the Expert report as Ext.C1. Ext.A1 is the agreement executed between complainant and OP, Exts.A2 and A3 are the receipts showing that he had filed complaint before Kathiroor police station.
The Expert commissioner has observed that “ അടുക്കളയിലെ സ്ലാബിന് അടിയിലായി ഉള്ള ഷോക്കേസുകൾ പ്ലൈവുഡ് കൊണ്ട് നിർമ്മിച്ചവ യാണെന്നും അവയെല്ലാം തന്നെ ഘടിപ്പിച്ചസ്ഥാനത്ത് നിന്നും ഇളകി കിടക്കുന്നതായും 90% ഭാഗങ്ങളും ദ്രവിച്ചുപോയ അവസ്ഥയിലും ആണ് കാണാൻ സാധിച്ചത്. ഷോക്കേസുകളുടെഭാഗങ്ങൾ അഴിച്ചുനോക്കിയപ്പോൾ പൂർണ്ണമായും ചിതൽ പിടിച്ചിരിക്കുകയായിരുന്നു. മാത്രമല്ല ഇത് നിർമ്മിച്ച രീതിയും തീർത്തും അശാസ്ത്രീയം ആയിരുന്നു.”
Hence through Ext.A1 complainant proved that he had entrusted the work of constructing kitchen showcase and cabinet and paid Rs.130,000/- to OP for the work. Ext.C1 clearly shows that the 90% of the work done by the OP are in a disassembled condition and explained the present condition. Hence through Ext.A1 and Ext.C1 complainant proved his case undoubtedly. From the evidence, it is clear that there is clear deficiency in service and negligence on the part of OP. Hence complainant is entitled to get relief.
In the result complaint is allowed in part. Opposite party is directed to pay Rs.1,30,000/- to the complainant. Further opposite party is directed to pay Rs.50,000/-towards compensation and Rs.5000/- towards cost of the proceedings of this case. Opposite party shall comply the order within one month from the date of receipt of this order, failing which Rs.1,30,000+ Rs.50,000/- will carry interest @ 7% per annum from the date of order till realization. Complainant can execute the order as per the provisions in Consumer Protection Act 2019.
Exts:
A1- Agreement
A2&A3-Receipts issued by Kathiroor police station
C1- Expert report
PW1-Sujesh.K-complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
