CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 13th day of August, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 11/04/2012
CC /67/2012
1.V.Balakrishnan Nair,
S/o.K.K.Nambiar,
'Suryavamsom', Pallassena Road,
Vattakkad amsom and Desom,
Kollengode, Chittur Taluk, Palakkad
(BY ADV.C.P.Sreeprasad) - Complainants
2. Chandrika Nair,
W/o.Balakrishnan Nair,
residing at -do-
Vs
Sajeevkumar, S/o.Unni,
Chingampallam Kalam,
Uttara, kollengode, - Opposite party
Chittur Taluk, Palakkad
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
The brief facts of the complaint:
Complainants 1 and 2 are the senior citizens with the age of 75 and 62 respectively. The complainants entrusted the opposite party to do some work in their house and opposite party agreed to execute the same. The works to be executed are laying 2000 sq.ft. of floor tiles inside the house 600 sq.ft. of tiles in the courtyard. The entire cost of the same including materials are fixed at 75,000/- and 45,000/- respectively totalling to Rs.1,23,000/-. The complainants are not satisfied with the work done by the opposite party. The opposite party has not cleaned the walls and edges of the side border. The work in the court yard was not completed. The work was done in a shabby manner. Even though the cost of work is fixed at Rs.1,23,000/- the complainants has paid an amount of Rs.1,45,000/- to opposite party. The work left out by the opposite party are
Fixing of stainless steel railings in the step.
About 50 sq.ft. of tiles to be laid in the courtyard.
Refixing the slab removed from the entrance.
Filling the gap with powder and cement in between the tiles.
Finishing the border work and painting.
Due to the deficient work done by the opposite party the complainants suffered mental agony and monitory loss.
So the complainants seeking an order directing the opposite party to pay an amount of Rs.25,000/- to complete the work left out by the opposite party and an amount of Rs.75,000/- as compensation for mental agony and cost of the proceedings.
Opposite party not appeared before the Forum though notice served and set exparte.
Complainants filed affidavit and Ext.A1 marked. Commission report is marked as Ext.C1.
Issues to be considered are:
I. Whether there is any deficiency of service on the part of opposite party?
II. If so, what is the relief and cost?
Issues No.I & II
Complainants are an aged couple who entrusted the work of laying tiles on the floor measuring 2600 sq.ft. for which an amount of Rs.1,20,000/- was fixed including the cost of materials.
The complainants noticed many defects in the work done by the opposite party more over the work was done in a shabby manner. Many works were left out by the opposite party. They are
Fixing of stainless steel railings in the step.
About 50 sq.ft. of tiles to be laid in the courtyard.
Refixing the slab removed from the entrance.
Filling the gap with powder and cement in between the tiles.
Finishing the border work and painting.
An amount of Rs.25,000/- is needed to complete the work left out by the opposite party.
In Ext.C1, Commission report, it is stated that most of the factors pointed out by the complainants are correct. The hand rails are not fixed, the skirting are not properly finished. The skirting edges are not properly attended. That makes the work in a shabby manner.
Commissioner has stated that an amount of Rs.25,000/- is required for the proper completion of the work. The complainants have paid an amount of Rs.1,45,000/- to the opposite party for doing the work.
But the complainants have not produced the agreement with the opposite party and the payment receipts. At the time of argument counsel for the complainants submitted that the agreement between the parties was in oral and payments are in cash. As opposite party remaining exparte, the contentions of the complainants stand unchallenged.
From the above discussion we are of the view that there is deficiency of service on the part of opposite party.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs.30,000/- (Rupees Thirty thousand only) as compensation for mental agony and doing the work left out by the opposite party and Rs.4,000/- (Rupees Four thousand only) as cost of the proceedings to the complainant.
Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.
Pronounced in the open court on this the 13th day of August, 2012.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1series– Copy of lawyer notice with Acknowledgment and postal receipt dt.31/12/2011.
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Commission Report
C1 – Report dated 13-07-2012
Cost allowed
Rs.4000/- (Rupees Four thousand only) allowed as cost of the proceedings.
