IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 26th day November, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.62/2013 (Filed on 16.05.2013)
Between:
C.R. Rajan,
Chilampoly House,
Muthoor.P.O.,
Thiruvalla – 689 107. ….. Complainant
And:
Ponnappan (Mason),
Chooraparampil House,
Chalakuzhy Ward,
Muthoor.P.O.,
Thiruvalla – 689 107. ….. Opposite party.
O R D E R
Sri. Jacob Stephen (President):
Complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that he had entrusted the work of laying tiles for an area of 150 sq.ft to the newly constructed work area of the complainant’s residential building at the rate of Rs.15/- per sq.ft. as labour charges to the opposite party. Accordingly, the opposite party started the works but he had deliberately prolonged the work and collected a total amount of Rs.6,000/-. The work was also substandard due to poor workmanship of the opposite party. Further, white cement was excessively applied on the surface which was not required. Instead of wiping out the white cement on the spot, the same was left for becoming firm on the smooth surface which is beyond rectification manually or mechanically. On consultation with expert tile layers it is realized that the only option for correcting the defects is to remove the entire tiles and lay new tiles. In order to have an amicable settlement, a complaint dated 24.02.2013 was given to the Secretary of the local SNDP Branch, in which the opposite party ius a member. The secretary visited the site and being convinced of the defects of the works issued a notice to the opposite party for his appearance for a hearing and settlement. But the opposite party purposely evaded his appearance. Because of the above said act of the opposite party, the complainant was put to financial loss and mental agony and the above said act of the opposite party is a deficiency in service and he is liable to the complainant for the same. Hence this complaint for the realization of a total amount of Rs.30,664/- under various heads.
3. In this case, opposite party is exparte.
4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral deposition of PW1, CW1 and Exts.A1 to A3 and Ext.C1 series. After closure of evidence, complainant was heard.
6. The Point:- Complainant’s case is that due to the poor workmanship of the opposite party the work of laying tiles in the work area of the complainant’s residential building done by the opposite party imperfect and defective. Moreover, the opposite party had collected an amount of Rs.6,000/- from the complainant instead of Rs.2,250/- entitled to the opposite party which put the complainant to financial loss and mental agony and it is a deficiency in service from the part of the opposite party. Therefore, the opposite party is liable to the complainant for the same. Hence the complainant prays for allowing the complaint.
7. In order to prove the case of the complainant, the complainant had adduced oral evidence as Pw1 and 3 documents were marked as Exts.A1 to A3 from the side of the complainant. Ext.A1 series (Ext.A1 to A1(b) ) are the sales invoices issued from CMR Steel Agencies from 15.12.2012 to 03.01.2013 for showing the sales of materials required for laying the tiles. Ext.A2 is the order form dated 08.01.2013 issued from Italia Tiles, Thiruvalla in the name of the complainant for the sale of 146 sq.ft.tiles. Ext.A3 and A3(a) are the bills for the purchase of carpet/mat.
8. Apart from the above evidence, an expert commissioner appointed by this Forum inspected the site and prepared mahazar, report and sketch which are submitted before this Forum and the commissioner was examined as CW1 and the report, mahazar and sketch submitted by the commissioner is marked as Ext.C1 series (C1 to C1(b) ).
9. On the basis of the contentions of the complainant, the laying of tiles done by the opposite party is defective and imperfect due to the deficiency of service of the opposite party and it has to be replaced. For the said defective works an amount of Rs.11,588/- is lost by the complainant for purchasing the materials and the amount collected by the opposite party. The deposition of the complainant, the exhibits marked for the complainant and the commissioner’s report etc. supports the allegations of the complainant. Since the opposite party is exparte the complainant’s case stands proved as unchallenged. Therefore, we find that the opposite party has committed deficiency in service and hence this complaint is allowable. Ext.C1 series, Commissioner’s mahazar etc. shows that for rectifying the defects in the works, complainant has to spend at least Rs.13,448/- again. Everything happened due to the deficiency in service committed by the opposite party and therefore opposite party is liable to compensate the complainant’s loss and sufferings.
10. In the result, this complaint is allowed thereby the opposite party is directed to pay an amount of Rs.25,036/- (Rupees Twenty Five Thousand and thirty six only) along with compensation of Rs.2,500/- (Rupees Two Thousand Five hundred only) and cost of Rs.1,500/- (Rupees One Thousand Five hundred only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 26th day of November, 2013.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : C.R. Rajan
Exhibits marked on the side of the complainant:
A1 series (Ext.A1 to A1(b) ) : Sales invoices issued from CMR Steel
Agencies from 15.12.2012 to 03.01.2013.
A2 : Order form dated 08.01.2013 issued from the Italia Tiles, Thiruvalla
in the name of the complainant.
A3 and A3(a) : Bills for the purchase of carpet.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
Court Witness:
CW1 : Santhoshkumar. M.K.
Court Exhibits:
C1 series (C1 to (C1(b) : Report, Mahazar & Sketch.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) C.R. Rajan, Chilampoly House, Muthoor.P.O.,
Thiruvalla – 689 107.
(2) Ponnappan (Mason), Chooraparampil House,
Chalakuzhy Ward, Muthoor.P.O., Thiruvalla – 689 107.
(3) The Stock File.
