| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER Tuesday the 29th day of October 2024 CC.524/2024 Complainant P. Chandran Nair, S/o. Damodaran Nair, Ashirvad House, Choyekkatu Thazhe Kuni, Chemancheri, Koyilandy – 673304 (By Adv. Sri. P. Sankaran, Sri. Santhosh Kumar. P) Opposite Party Prajeesh. V, Proprietor, Natural Stone, Vengalam, Vattarambath House, Vengalam. P.O, Thiruvangoor, Koyilandy - 673303 ORDER By Sri. P.C. PAULACHEN – PRESIDENT This is a complaint filed under Section 35 of the Consumer Protection Act, 2019. - The case of the complainant, in brief, is as follows:
In August 2023, the complainant entered into an oral agreement with the opposite party for replacement of the cement bricks laid in the courtyard of his house with TANDUR stones. It was represented by the opposite party that TANDUR stones would last for long time and is beautiful and not slippery. It was assured that the said stones are unbreakable and the same would be laid evenly without any projections with adequate slope for flow of rain water. At the time of entering into the agreement, the opposite party had received a sum ofRs. 25,000/- from the complainant towards advance. The work startedon 21/08/2023 and completed on 28/08/2023. The payment was made stage by stage. On completion of the work, measurement was taken and it was found that the total area was 900 square feet and the total amount to be paid to the opposite party was Rs. 95,400/-. The complainant made the balance payment to the opposite party. However, the opposite party did not give any receipt. - But it was seen that the stones laid were having protrusions and not even. The gap between the stones was also not even. Some of the stones had broken on the corner. There is no sufficient slope so as to enable the flow of rain water. Now it is not possible to walk in the courtyard due to the inferior quality of the stones and defects and deficiencies in laying. The complainant was put to intense mental agony besides monetary loss due to the unfair trade and business practice and deficiency of service of the opposite party. Even though the opposite party had agreed to do the needful, no positive action was taken in this regard and was postponing the matter under one pretext or other.
- On 17/01/2024 the complainant issued a lawyer notice to the opposite party, which evoked no response. The petition filed before the Taluk Legal Services Committee, Koyilandy was also proved to be futile as the opposite party failed to appear. Hence the complaint to direct the opposite party to replace the defective TANDUR stones laid in the courtyard with stones of good quality, or in the alternative, pay Rs. 96,000/- to the complainant with interest. Compensation to the tune of Rs. 1,00,000/- is also claimed for the mental agony and hardship suffered.
- The notice issued to the opposite party from this Commission was returned ‘unclaimed’. The opposite party was set ex-parte.
- The points that arise for determination in this complaint are;
- Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- PW1 was examined and Exts A1 to A9 were marked. MO1 series was also marked.
- Heard.
- Point No.1:- The opposite party is the proprietor of Natural stones, Vengalam. The complainant has approached this Commission alleging unfair trade and business practice and deficiency of service on the part of the opposite party. The specific allegation is that the TANDUR stones laid in the courtyard of the complainant’s house are defective and laying also was not proper and the opposite party has neglected to redress the grievance of the complainant in this regard despite his promise to do so.
- PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the petition filed before the Taluk Legal Services Committee, Koyilandy, Ext A2 is the copy of the lawyer notice, Ext A3 is the postal acknowledgment card, Ext A4 is the estimate, Ext A5 is the brochure, Ext A6 is the card, Ext A7 is the photographs, Ext A8 is the CD and Ext A9 is the bill. MO1 series are the broken pieces of the stone.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the matter. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. Ext A7 reveals the damage to the stones. MO1 series, which are the broken pieces of the laid stones, also supports the case of the complainant. Further it is seen that the complainant had issued Ext A2 notice to the opposite party which was accepted by him as evidenced by Ext A3. But it is seen that the opposite party had not sent any reply. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A9 and MO1 series. The act of the opposite party amounts to unfair trade and business practice and deficiency of service. The complainant is entitled to get replacement of defective TANDUR stones laid in the courtyard of his house, or in the alternative, refund of Rs. 95,400/- spent by him for the same. Undoubtedly, the complainant was put to gross mental agony and inconvenience due to the unfair trade and business practice and deficiency of service on the part of the opposite party, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.10,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 3,000/- as cost of the proceedings. Point found accordingly.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
- CC.524/2024 is allowed in part.
- The opposite party is hereby directed to replace the TANDUR stones laid in the courtyard of the house of the complainant with new stones of good quality at his cost, or in the alternative, refund Rs. 95,400/- (Rupees ninety five thousand four hundred only) paid by the complainant for the above work.
- The opposite party is directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
- The opposite party is directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.
- The payment as afore stated shall be made within 30 days of receipt of copy of this order, failing which, the amount of Rs. 95,400/- shall carry an interest of 9% per annum from the date of this order till actual payment.
- MO1 series shall be destroyed, being valueless, after the appeal period.
Pronounced in open Commission on this, the 29th day of October, 2024. Date of Filing: 22.08.2024 Sd/- Sd/- Sd/- PRESIDENT MEMBER MEMBER APPENDIX Exhibits for the Complainant : Ext A1 - copy of the petition filed before the Taluk Legal Services Committee, Koyilandy. Ext A2 - Copy of the lawyer notice. Ext A3 - Postal acknowledgment card. Ext A4 – Estimate. Ext A5 – Brochure. Ext A6 – Card. Ext A7 – Photographs. Ext A8 – CD. Ext A9 – Bill. Exhibits for the Opposite Party NIL Witnesses for the Complainant PW1 - P. Chandran Nair (Complainant). Witnesses for the Complainant Nil Material Object Ext. MO1 series - Broken pieces of the stone. Sd/- Sd/- Sd/- PRESIDENT MEMBER MEMBER True Copy, Sd/- Assistant Registrar. | |
