SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to  refund Rs.19,000/- to the complainant along with Rs.1,00,000/-as compensation for mental agony and cost  to the complainant  for   deficiency of service and unfair trade practice on his part.

  The brief of the complaint :

   The complainant is conducting  a construction company at Nadapuram named as AS Arckitektes.  On 20/9/2022 the OP’s sales executive approached complainant’s shop and explained the  pest control anti –termite treatment of the house.  The OP’s sales executive also showed the advertisement and assured that this pest control anti-termite treatment of wood contain  good quality. Thereafter on 14/10/2022 the OP’s sales executive  one Mr. Akhil T.T came to complainant’s house at Peringathoor, house No.18/239 of Panur Muncipaity and he inspected the house and to agree that Rs.19,000/- incurred for the expenses of the termiseal service(anti termite treatment) for 5 years. The OP also assured 5 years warranty in the product oo termite destroyer.  The contract period started from 14/10/2022 to 13/10/2027.  As per the service order No.33860 dtd.14/10/2022 which clearly showed the total area covered as 1834 sq.ft.(ground) and PCIPCPL  contact Akhil T.T

           After filing this complaint, notice was issued to  OP . The OP received the notice and not appeared before the commission and not filed  version .  The commission had to  hold that the OP has  no  version as such  this case came to be proceed against the  OP  as set  exparte.

    Even though the OP has remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce his affidavit along with 5 documents marking them  as Exts.A1 to A5.  The complainant  was examined as PW1.   So the opposite party is remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of the complainant. In  Ext.A1on 20/9/2022 the OP give quotation for OP’s termiseal service(anti termite treatment post construction as per  IS6313 part III) to the house of  Mr.Arif Sadakkath, Aniyaram Road, Peringathur, Kannur under 5 year service warranty.  In Ext.A2 is  the service order plus receipt dtd.14/10/2022.  It  clearly shows that the complainant had paid Rs.19,000/- to OP and the contract period from 14/10/2022 to 13/10/2027.  In Ext.A3 is the  printout of the e-mail of OP dtd.9/7/2022, which clearly shows that the OP assured the termiseal service to the house of complainant under 5 year warranty.  In Ext.A4 is the  printout of the advertisement of OP.  It clearly stated  that the termite- the silent destroyer.   Moreover it states  responsible for causing structural damages from support beams, floor and ceiling , joists to wall studs. Only believing  the advertisement of OP the complainant  paid Rs.19,000/- to OP.  but not destroyed the  termite of the complainant’s house.  In Ext.A5 is the printout of the complaint send by the complainant to OP regarding the inappropriate work done by the OP on the treatment of pest  in complainant’s  house.  The work done  was not perfect.  So the complainant demanded the refund of the amount.  The OP is directly  bound to redressal  the grievance caused to the complainant. But the OP failed to do so. Therefore, we hold that the OP is liable  to refund  the amount of Rs.19,000/- to the complainant along with Rs.8000/- as compensation for mental agony of the complainants and Rs.4,000/- as litigation cost.

            In the result, the complaint is allowed in part directing  the opposite party  to  refund the amount of Rs.19,000/- to the complainant along with Rs.8000/- as compensation for mental agony of the complainants and Rs.4,000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.19,000/- carries interest@ 12% per annum  from the date of order till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- Print out of the quotation dtd.20/9/2022

A2-Service order  plus receipt dtd.14/10/22

A3- Print out of  email of OP dtd.9/7/22

A4- Print out of the advertisement  of OP

A5- Print out of the complaint by the complainant to OP dtd.6/2/2023

PW1-Arif Sadakath-  complainant.

Sd/                                                             Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva                                                      /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR