PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 27th day of August 2012
Filed on : 12/09/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 485/2011
Between
Shyby, : Complainant
W/o. Edwin Joe, (By Adv. Tom Jose, Court road,
Sophia Sunshine Villa, Muvattupuzha)
Sasthamugal, Varikoli P.O.,
Ernakulam-682 308.
And
Praveen Palathingal, : Opposite party
Alapatt Design, Mather Nagar, (By Adv. Roy Varghese,
Pathadippalam, Olimolath house, Pancode P.O.,
Kalamassery-683 104. Pin-682 310)
O R D E R
A Rajesh, President.
Shortly stated, the case of the complainant is as follows:
The complainant entered into an agreement with the opposite party for the installation of semi modular Kitchen, in her house on 20-08-2010. The opposite party had agreed to complete the work within 60 days. He collected Rs. 70,000/- as advance. The opposite party had installed only the box inside the kitchen. The cost of the said work is below Rs. 40,000/- as per the rate quoted by them. Thereafter, in spite of the repeated requests made by the complainant nobody came to complete the work. The opposite party had also shifted his office without giving any information. The new office was located after thorough enquiry. But the opposite party had not taken any steps to complete the work. The said act of the opposite party amounts to deficiency in service. The complainant is entitled to get refund of Rs. 30,000/- excessively collected from her along with interest at the rate of 15% per annum from the date of receipt of the amount till realization together with cost of this proceedings. This complaint hence.
2. The version of the opposite party is as follows:
The opposite party had completed the major portions of the works for the semi-modular kitchen. He had used marine plywood for the construction of the kitchen cabinets and it was installed after assembling. Water paper, putty and primer were applied and the same was painted. The opposite party incurred a total sum of Rs. 71,960/- for the works done. The only work remaining is the installation of the cabinet doors. The works could not be completed owing to the non-payment of the balance amount due to the opposite party as per the agreement. There is no deficiency in service on the part of the opposite party. The complainant is not entitled to get any of the reliefs as prayed for.
3. No oral evidence was adduced by the complainant. Exts. A1 and A2 were marked. Neither oral nor documentary evidence was adduced by the opposite party. The expert commissioner’s report was marked as Ext. C1. Heard the learned counsel for the parties.
4. The only point that came up for consider is whether the complainant is entitled to get refund of Rs. 30,000/- with interest together with costs of the proceedings.
5. The complainant and the opposite party entered into Ext. A1 agreement dated 20-06-2010 for supply and installation of the kitchen cabinet and works mentioned therein for a total amount of Rs. 1,49,000/-. Ext. A2 series (2 in numbers) would show that the opposite party received a sum of Rs. 30,000/- on 21-08-2010 and Rs. 40,000/- on 06-09-2010. Though the opposite party carried out a portion of the work he refrain from completing the work for his own reasons not substantiated.
6. At the instance of the complainant vide order in I.A. dated 23-01-2012 an expert commissioner was appointed by this Forum. The report of the expert commissioner was marked as Ext. C1 with out demur. The learned expert commissioner in Ext. C1 stated that the opposite party had expended Rs. 37,600/- to carry out the work as completed . Since the opposite party has not competed the work fully the complainant is before us seeking refund of Rs. 30,000/- and costs of the proceedings. The non-performance of Ext. A1 agreement by the opposite party calls for explanation which is not forthcoming.
7. In the light of the above we are only to allow the complaint and direct the opposite party to refund Rs. 30,000/- to the complainant with interest @ 12% p.a. from the date of receipt till realization. The costs is fixed at Rs. 5,000/-. Ordered accordingly.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 27th day of August 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of agreement dt. 20-08-2010
A2 series : Copies of two receipts
C1 : Commission report
Opposite party’s Exhibits : : Nil
