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 the excess amount already received Rs.1,27,500/- from the complainant, Rs.2,54,000/- as the amount incurred for completing the work and Rs 2,00,000/- as compensation for mental agony caused to the complainant for the deficiency of service and unfair trade practice on the part of OP.
The brief of the complaint :
The complainant is residing in Payyanur Taluk, Alappadmba amsom, Karuveli Desom. He is the owner in possession of 0.1295 Hectare of property in RS NO.292/5. Then the complainant was intended to construct a new house in that property. Thereafter the complainant entered into a written agreement with OP regarding the glass work quotation No.117, with 8 pages within the period of 60 days. Then the complainant and OP entered into the agreement for a total consideration of Rs.5,64,800/- out of that amount the complainant paid Rs.2,50,000/- to OP on 29/1/2021 as advance amount . Out of the balance amount Rs.1,75,000/- payable after completing 50% work. The remaining balance will be payable after completing the glass work. On 31/8/2021 the complainant paid Rs.1,50,000/- to OP. But after receiving the amount the OP is not completed the glass work within the prescribed time. The complainant and the P/A of complainant approached the OP on several times but the OP threatened complainant and his family members. The OP received excess amount from the complainant and not completed the work of glass in his house. The engineer inspected the house and noted that only 56% work was completed. Thereafter the complainant filed complaint before SHO Peringome. After registering the complaint OP appeared before the Police station and admitted that he is ready to complete the work within 2 weeks. But no response from the side of OP. Then on 22/4/2022 the complainant send a lawyer notice to OP directed to complete the work within time or to refund the excess amount already received from the complainant. The OP received the notice neither send a reply nor refund the amount to complainant. The act of OP the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP. Hence the complaint.
After filing this complaint notice issued to OP. OP received the notice and not appeared before the commission and not filed version. Ultimately the commission had to hold that the OP have no version as such this case came to be proceed against the OP as set exparte.
Even though the OP 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 documents. The complainant’s P/A was examined as PW1. So the OP remained 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. Ext.A1 is the written agreement between complainant and OP dtd.29/1/2021. As per the agreement the OP admits that within 60 days the glass work was completed. On 29/1/2021 itself the complainant had paid Rs.1,90,000/- to OP as per cheque No.134123 and on 1/2/2021 the complainant had paid Rs.60,000/- through cheque No.134125 to OP. Moreover on 31/3/2021 the complainant had paid Rs.1,50,000/-to OP. The complainant had paid a total amount of Rs.4,00,000/- to OP as the glass work. But only 56% of work done by OP. Then the complainant constrained to entrusted the balance work to Glassage Interior &Exterior Pvt .limited at Taliparamba dtd.4/6/2022 and the detailed bill is also produced and marked as Ext.A3. Ext.4 is the details of Kavanal Industries for the frame work for fixing toughend glass, kitchen slide and handrail etc. So the complainant incurred Rs.3,00,000/- as the additional work. In Ext.A5 is the copy of lawyer notice . After receiving the lawyer notice the OP neither refund the excess amount nor send any reply to the complainant. It clearly shows that the complainant is intentionally cheated by the OP. As per the report of the engineer the OP is completed only 56% of the work and he received excess amount as per Ext.A1 agreement. Hence the OP is liable to refund the excess amount of Rs.1,27,500/- to the complainant. Moreover the complainant had completed the balance work from other industries and he incurred more than Rs.3,00,000/-. Under this circumstances we are of the considered view that the OP is directly bound to redressal the grievance caused to the complainant. Therefore we hold that the OP is liable to refund Rs.1,27,500/- to the complainant along with Rs.50,000/- as compensation for mental agony caused to the complainant and Rs.10000/- as litigation cost.
In the result, the complaint is allowed in part directing the Opposite party to refund 1,27,500/- for the excess amount already collected by OP from the complainant along with Rs.50,000/- as compensation for mental agony caused to the complainant and Rs.10000/- as litigation cost within 30 days of receipt of this order. In default, the amount of Rs.1,27,500/- carries interest@ 12% per annum from the date of order till realization. If the opposite party fails to comply the order, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1-Agreement dtd.29?1/2021
A2- Power of Attorney dtd.31/10/2017
A3-Details of Glassage voucher dtd.4/6/22
A4-Details of Kavanal Industries
A5- copy of lawyer notice
PW1-K.Karunakaran Nair – P/A of complainant.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
