DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 25^th day of November  2013 

Present: Smt.Seena.H, President

    Date of Filing : 20/11/2013

Anitha

W/o.Rishikesh Menon,

“Dharuma” 242/1, Choolpadam,

Nochippulli (PO),

Palakkad – 678 592

(Party in Person)                                          -                  Complainant

        Vs 

Ramesh

Proprietor,

Shop No.10,

Mangalam Towers,

Opp.Town Bus Stand,

Palakkad                                                     -                  Opposite party

 

 

Order by Smt.SEENA.H, PRESIDENT.

 

Complaint in brief:

 

Complainant entrusted the work of making  wardrob in his house with the opposite party. The total amount fixed for the work was Rs.3,80,000/- of which Rs.1,30,000/- was paid in advance on 12/07/12. Even after 1 year on receipt of the advance payment, opposite party has not even started the work. Complainant has issued notice through a consumer organization for settling the matter, for which opposite party replied admitting the facts and seeking 2 months time for completion of the work. Complainant received the reply notice on 03/6/13. So far opposite party has not taken any steps for completing the work. Advance amount collected was not repaid to the complainant. Hence the complaint. Complainant claims for the refund of amount with 18% interest together with Rs.25,000/- as compensation.

Opposite party set exparte.

 

The evidence adduced by the parties consists of the chief affidavit of the complainant. Ext.A1 to A3 marked.

 

Issues for consideration are :

 

1.    Whether there is any deficiency in service on the part of opposite party ?

2.    If so, what is the relief and cost entitled to the complainant ?

 

The case of the complainant is seen fully admitted by  Ext.A3, which is the reply notice issued by the opposite party. Payment of Rs.1,30,000/- is admitted in Ext.A3 and is also born out by Ext.A1. The only reason for the inordinate delay is starting the work as per Ext.A3 is non receipt of materials as ordered by the opposite party. According to our view that is not at all the concern of the complainant. Opposite party remained exparte and has not adduced any evidence to show that the materials as ordered for was not supplied to the opposite party. The inordinate delay of opposite party in not starting the work even after receipt of huge amount as advance amounts to clear deficiency in service on the part of opposite party.

In the result complaint allowed and we order the following:

Opposite party is directed to pay complainant the advance amount of Rs.1,30,000/-(Rupees One lakh thirty thousand only) with 18% interest from 12/07/2012 to the date of order along with Rs.1,000/- as cost of the proceedings. Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.

 

Pronounced in the open court on this the 25^th  day of November  2013.   

 

Seena H

President    

 

 

 

 

Ext.A1 –  Photocopy of  receipt for Rs.1,30,000/- as advance amount issued by opposite party dtd.12/7/12

Ext.A2 –  Photocopy letter dtd.11/5/2013 sent by Consumer Protection Centre to the opposite party

Ext.A3 –  Photocopy of the reply letter by the opposite party  dated 3/6/13

 

 

 Nil

 

 

Rs.1,000/- allowed as cost of the proceedings.