Kerala

Kozhikode

CC/252/2022

MAMMU - Complainant(s)

Versus

RAGIL - Opp.Party(s)

23 Aug 2023

ORDER

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

Wednesday the 23^rd day of August 2023

C.C.252/2022

 

 

Complainant

 

Mammu

S/o.Ammad Haji,

Kakkuzhiyulla Parambath (H),

Chekkonnu West (P.O),

Kakkattil – Via,

Kozhikode.

 

Opposite Party

          Ragil

          S/o.Raju,

          Kunhiparambath (H)

          Chuzhali –P.O, Neelandummal Road,

           Pin – 673 517.

           Valayam Police Station Limit.

 

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

The complainant entered into an agreement with the opposite party for renovation work of his house.The total amount of the work was Rs.29,950/-.Though the entire amount was paid to the opposite party, the work done was defective.Moreover, the entire work is not completed yet.There is leaking from the roof during rain and the stability of the building is affected. Since the work was not completed within the stipulated time, the complainant was put to intense mental agony and hardship, for which, he is entitled to get Rs.20,000/- as compensation.Approximately, a sum of Rs.25,000/- is required for rectifying the defects in the work.Hence the complaint claiming a total sum of Rs.45,000/- from the opposite party.

3. The opposite party was set ex-parte.
4. The points that arise for determination in this case are :

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

 

5. The complainant filed affidavit.
6. Point No.1:  The complainant has approached this Commission claiming a total sum of Rs.45,000/- from the opposite party.  The allegation is that the opposite party neglected to carry out the renovation work of his house within the stipulated time as per the agreement and the work done was defective too and thereby there were unfair trade practice and deficiency of service. 
7. The complainant has filed affidavit in support of the allegations and sought for time for steps to prove the allegations.  Thereafter he continued to remain absent and there is no representation.  He did not turn up or take any steps despite the intimation given from this Commission.  The alleged agreement is not forthcoming. The time stipulated for completion of the work is not disclosed either in the complaint or in the affidavit. Nothing is produced to show the alleged payments made to the opposite party.  The allegation is that the work done is defective in many respect and the work was not completed.  It is also stated that the roof is leaking during rainy season and the stability of the building is adversely affected. But nothing is produced to show that the work done is defective or that the work is not yet completed.  The complainant has not taken any steps to take out a Commission to show the present state of affairs of the construction.  Even the photograph of the work is not made available. The complainant chose to remain absent continuously. The fact that the opposite party was set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence so as to get an order as prayed for.  But the complainant in this case has utterly failed to prove his case. No unfair trade practice or deficiency of service as alleged is proved against the opposite party and consequently the complaint must fail.

 

8. Point No.2:  In view of the finding on the above point, the complainant is not entitled to claim and get any relief as prayed for.

 

In the result, C.C.252/2022 is dismissed. No order as to costs.

 

           Pronounced in open Commission on this the 23^rd day of August 2023.

 

          Date of Filing: 28-09-2022.

 

                                                               

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                                                   PRESIDENT                                MEMBER                                    MEMBER

  

 

  

APPENDIX

NIL

 

 

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                                                   PRESIDENT                                MEMBER                                    MEMBER

 

                                                                   True copy,

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                                                                      Assistant Registrar.