Kerala

Trissur

CC/09/440

Ouseph - Complainant(s)

Versus

Prabeesh - Opp.Party(s)

Adv.C.K.Kunjiporinchu

30 Oct 2009

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/09/440

Ouseph
...........Appellant(s)

Vs.

Prabeesh
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S. 3. Sasidharan M.S

Complainant(s)/Appellant(s):
1. Ouseph

OppositeParty/Respondent(s):
1. Prabeesh

OppositeParty/Respondent(s):
1. Adv.C.K.Kunjiporinchu

OppositeParty/Respondent(s):




ORDER

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By Smt. Padmini Sudheesh, President:
 
            The complainant’s case is as follows: The complainant entrusted the respondent the construction of a compound wall to his property for Rs.28/- per sq. feet. The complainant given Rs.8000/- on 15.12.07 as advance. The respondent agreed to complete the work within 15 days. But he did nothing except installing some posts only. As there was no wall the peculiar plants and vegetables were eaten by cattles. Even though a lawyer notice was issued requesting to construct the wall as agreed no action was taken by the respondent. Hence the complaint.
 
            2. The respondent called absent and set exparte.
 
            3. The complainant filed affidavit and produced documents to prove his case. They are marked as Exts. P1 to P3.
 
            4. The case of complainant is that he had given Rs.8000/- as advance to construct a compound wall and it was agreed to complete the work within 15 days. Even though some posts were installed no other work has been done. So the complainant is liable to get back Rs.8000/- with 12% interest from 15.12.07. 
 
            5. There is no evidence to the contrary.
 
            6. In the result, the complaint is allowed and the respondent is directed to pay Rs.8000/- (Rupees eight thousand only) with interest at the rate of 12% per annum from 15.12.07 till realization and Rs.500/- (Rupees five hundred only) as cost within one month.
 

             Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of October 2009.




......................Padmini Sudheesh
......................Rajani P.S.
......................Sasidharan M.S