SRI. K. ANIRUDHAN (MEMBER) Sri. John George has filed this complaint before the Forum alleging deficiency in service on the part of the opposite party. The brief facts of the allegations of the complainant are as follows:- As per the agreement entered into between him and the opposite party, to execute some fabrication works in his residence, he had entrusted a sum of Rs.4,000/- in advance on 27.5.2008 with the opposite party. The opposite party had agreed to execute the said works within one week from 27.5.2008, at the time of accepting the said amount. But the opposite party had not entertain the said works. He had contacted the opposite party and requested him to execute the work. But the opposite party had not turned up so far. Hence this complaint, seeking relief to get the amount together with the compensation and costs from the opposite party. 2. Notice was sent to the opposite party. Even though he has accepted the notice, he has not appeared before this Forum for explaining the reasons for this disputed matter. Considering the absence of the opposite party, he was set exparte by this Form on 14.1.2009. 3. Considering the allegations of the complainant, this Forum has raised the issues:- 1) Whether there is any deficiency in service on the part of the opposite party? 2) Whether the complainant is entitled to get compensation and costs from the opposite party? 4. Issues 1 and 2:- On the side of the complainant he ahs filed proof affidavit in support of his case and produced documents in evidence. Exts.A1 and A2 – marked. Ext.A1 is the details of specification of works to be undertaken. Ext.A2 is the copy of the counter foil of the cheque issued in favour of the opposite party for a sum of Rs.4000/-. It was presented on 27.5.2008. 5. On a careful study of the proof affidavit and the documents produced by the complainant, it can be seen that the complainant had paid a sum of Rs.4000/- to the opposite party on 27.5.2008, to execute the said work and the opposite party had enchashed the cheque for the said amount. But the opposite party had not taken any steps to entertain the said fabrication works. In spite of repeated requests of the complainant, the opposite party had not cared to undertaken the work; even though the opposite party was accepted advance amount of Rs.4000/- from the complainant. This shows the grossest deficiency in service, culpable negligence and it will amounts to cheating. The opposite party has no right to retain the paid amount, since he had not undertaken the agreed work of fabrication. The complainant is fully entitled to get back the amounts of Rs.4000/- from the opposite party already entrusted to execute the said work. Since there was grossest deficiency in service, culpable negligence and cheating on the part of the opposite party by way of refusal to execute the work and denial of repayment of advance amount, the complainant is also entitled to get compensation and costs from the opposite party, together with interest for the said amount of advance. It is to be noticed that even though the opposite party has accepted the notice of this Forum, he has not cared to appear before the Forum, for explaining the details of the matter of this case. This shows the irresponsible attitude of the opposite party in dealing with this matter. In this respect, after taking the whole aspects, we are of the strong view that the allegations leveled against the opposite party are genuine. All the issues are found in favour of the complainant. In the result, the complaint is to be allowed as prayed for. Hence, we hereby direct the opposite party to return the advance amount of Rs.4000/- (Rupees four thousand only) collected by him from the complainant in connection with the said work with 12% interest from 27.5.2008 till the date of repayment of the entire amount, and pay a sum of Rs.5000/- (Rupees five thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service, culpable negligence and cheating by way of denial of return of the advance amount to the complainant and refusal to execute the work as per agreement, and pay a sum of Rs.2000/- (Rupees two thousand only)as cost for this proceedings. We further direct the opposite party to comply with this order within 20 days from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 28th day of February, 2009. Sd/- Sri. K. Anirudhan: Sd/- Sri. Jimmy Korah: Sd/- Smt. N. Shajitha Beevi: Appendix:- Evidence of the complainant:- Ext.A1 - Details of specification of works Ext.A2 - Copy of the counter foil of the cheque Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Party/S.F. Typed by:-pr/- Compared by:- | 
