By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay Rs.7,000/- to the complainant being the balance amount entitled to the complainant out of the advance amount and also to pay Rs.25,000/- as cost of the proceedings.
2. Brief of the complaint:- The complainant on the promise of opposite party that the opposite party is the Power of Attorney holder of his wife's rental building paid Rs.20,000/- to the opposite party in order to rent a room in the building. The complainant and the opposite party entered into a contract with respect to it and the complainant possessed one room in the building. Later after 5 months, the complainant vacated the room. At the time of possessing the room, the complainant used to pay rent and electricity charges regularly. After vacating the room, the complainant demanded the advance amount back from the opposite party. But the opposite party paid only Rs.7,000/- out of Rs.20,000/- and appropriated Rs.6,982/- towards Electricity Bill, cleaning charges, Breakage of window glass, painting charges etc. Towards rent arrears a sum of Rs.6,000/- is appropriated by the opposite party. The breakage of window glass was there at the time of giving the room to the complainant. The complainant used to clean the room regularly and no maintenance work was done by the opposite party. The complainant is entitled to get back Rs.7,000/- from the opposite party.
3. On receipt of complaint, notice was issued to opposite party and the notice was returned stating that the opposite party 'left India'. Thereafter the complainant applied for substituted service and the notice was published in newspaper, thereafter the opposite party was set ex-parte.
4. On perusal of complaint, chief affidavit and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and examined as PW1 and documents are marked as Ext.A1 and A2. Ext.A1 is the copy of Agreement entered into between the complainant and opposite party. Ext.A2 is the Statement of Account written by the opposite party and given to the complainant. As per Ext.A1, the opposite party accepted Rs.20,000/- as advance amount from the complainant. According to the complainant, the calculation made by the opposite party as per Ext.A2 document is absolutely false and the complainant is not liable to pay the electricity bill, cleaning charge, window glass, painting charges etc. The complainant admits the rent due of Rs.6,000/-. The opposite party gave Rs.7,000/- to the complainant already from the advance amount. So by adding rent due of Rs.6,000/- and the already given amount of Rs.7,000/-, the total amount will come to Rs.13,000/-. The balance Rs.7,000/- out of Rs.20,000/- is entitled to the complainant and the opposite party is liable to pay the amount. It is up to the opposite party to deny all these contentions of the complainant. But the opposite party remained ex-parte. There is nothing to disbelieve the case of the complainant. Non-payment of balance of Rs.7,000/- to the complainant by the opposite party is a deficiency of service from the side of opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.7,000/- (Rupees Seven Thousand) to the complainant along with Rs.1,000/- (Rupees One Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for Rs.7,000/- thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 19th day of August 2016.
Date of Filing: 10.05.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Dr. Jeevan Lal (Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Agreement.
A2. Statement of Account Written by opposite party.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
