DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 10th day of November 2009.

Present : Smt. H. Seena, President

Smt. Preetha.G. Nair, Member

Smt Banumathi.A.K, Member

C.C.No.61/2009

Venu.C. Nair

Chandrasekharan Nair

T.M. House

Vadanamkurussi (P.O)

Palakkad – 679 124. - Complainant

(Party in person)

V/s

1. Radhakrishnan

S.R. Curtains

Arackal Complex

Ottappalam East

2. S. Ravi (Proprietor)

S R Curtains

Coimbatore Road

Sulthanpet

(Near Signal)

Palakkad - Opposite parties

O R D E R

Order by Smt. Seena.H, President

Brief case of the complainant:-

Complainant entrusted aluminium fabrication work with the opposite parties vide order No.979 dated 05/04/2009. Out of the total amount of Rs.42,900/- complainant paid Rs.15,000/- in advance. The grievance of the complainant is that opposite parties neither completed the work nor returned the advance amount even though requested. Complainant and his wife are teachers and on many occasions they used to take leave and wait for the opposite parties to complete the work. But opposite parties never came. Hence the complaint. Complainant claims an amount of Rs.31,300/- under different heads for the deficiency in service on the part of opposite parties.

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1^st opposite party was set ex- parte. 2^nd opposite party appeared in person. 2^nd opposite party has not filed any version or affidavit.

Matter was posted for settlement in adalath. An amount of Rs.10,000/- was paid by the 2^nd opposite party to the complainant, promising to pay a balance amount of Rs.10,000/- within 1 month. There after 2^nd opposite party never appeared before the forum.

The evidence adduced by the complainant consists of the affidavit and Exhibit A1.

The short question to be answered is whether there is any deficiency in service on the part of opposite parties. It is evident from Exhibit A1 that the complainant has paid an amount of Rs.15,000/- by way of advance to the opposite parties. Receipt is signed by 1^st opposite party. Opposite parties has not adduced any contra evidence to that one tendered by the complainant.

In view of the aforesaid circumstances, we are of the view that the act of opposite parties amounts to clear deficiency in service on their part.

In the result compliant allowed. 1^st and 2^nd opposite parties are jointly and severally directed to pay an amount of Rs.5,000/- being the balance advance amount paid together with Rs.7,000/- as compensation for the deficiency in service and Rs.1,000/- as cost of the proceedings within one month. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realization.

Pronounced in the open court on the 10^th day of November 2009

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

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APPENDIX

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 – Order Form of S R Curtains for Rs.42,900/- dated 05/04/2009

Exhibits marked on the side of the Opposite Party

Nil

Forums Exhibits

Nil

Cost (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings

Forwarded/By order

Senior Superintendent

Date of fair copy: 19/11/2009