SRI.K. VIJAYAKUMARAN, PRESIDENT.
Complaint for a direction to the opp.party to complete the work or pay Rs.75,000/- with compensation and costs.
The averments in the complaint can be briefly summarized as follows:
The complainant is a Distributor of LPG of Indian Oil Corporation and running the institution under name and style Varma Gas Agency in Paravur Village. As per the norms of the IOC the complainant has to lay mastric flooring in the godown. For that purpose the complainant entrusted the opp.party who agreed to do to mastric flooring with utmost perfection. Accordingly the work was entrusted to the opp.party who accepted the amount of Rs.55,000/- .In that addition to the complainant spent Rs.20,000/- for food and accommodation for the opp.parties workers and other expenses. The complainant altogether spent Rs.75,000/- for this purpose. As per the warranty the opp.party is bound to rectify the defects at his own expenses for a period of 5 years. The work done by the opp.party completely damaged and the matter was informed to the opp.party. But he failed to rectify the defects. Hence the complaint.
The opp.party was duly served but he remained absent. Hence he was set ex-parte. Thereafter the complainant gave evidence as PW.1. Ext.P1 to P4 were also marked. Ext.P1 is a power of attorney, Ext.P2 series are bills evidencing payment of Rs.55,000/- to the opp.party. Ext.P3 is an advocate notice issued to the opp.party demanding the amount. From the evidence of PW.1 and Ext.P1 to P4 the complaint has proved the case and established that there is deficiency in service on the part of the opp.party.
In the result the complaint is allowed directing the opp.party to carry out the work with perfection within one month and to pay compensation and Costs Rs.3,500/- The order is to be complied with within one month from the date of this order. Failing which compensation of Rs.75000/- will be paid with interest @ 9%per annum from the date of complaint till payment
Dated this the 31st day of January, 2011.
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I N D E X
List of witnesses for the complainant
PW.1. – Sharafudden
List of documents for the complainant:
P1. – Power of Attorney
P2 – Bills
P3. – Copy of Advocate notice
P4. – Postal receipt.
