Orissa

Cuttak

CC/5/2018

Iswar Chandra Jena - Complainant(s)

Versus

Saumya Ranjan Pani - Opp.Party(s)

Self

17 May 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.05/2018

 

Iswar Chandra Jena,

At/PO:Kapaleswar,P.S:Choudwar,

Dist:Cuttack.                                                                                              … Complainant.

 

                Vrs.

Saumya Ranjan Pani,

At/PO:Sanda ,

Hindol Road,PS:Parjang.,

Dist:Dhenkanal.                                                                                                  … Opp. Party.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member(W).

 

Date of filing:   16.01.2018

Date of Order: 17.05.2019

 

For the complainant        :       Self

 For the O.P.                      :       None.             

 

 

Sri Dhruba Charan Barik,President.

The complainant has filed this case before this Forum alleging therein  deficiency in service and seeking appropriate relief against the O.P.  in terms of his prayer in the complaint petition.

1. The facts of the complainant’s stated in brief are that the complainant came across an advertisement made by the O.P in the leaflet circulated in the locality wherein assurance was given for perfect repair of water soaking in building by application of Japanese technology with 10 years warranty.  It was cost effective and much more helpful to the public in need.  Pursuant to that advertisement, the complainant contacted the O.P over phone and accordingly the O.P visited the location of the complainant, verified the building in three different bathrooms.  Annexure-1 is the copy of the said leaflet published by the O.P for general information.  The O.P undertook to do the work of the complainant which would never occur again and in case of any defect, the O.P. would be liable to do the repair work at his own risk and cost.

The O.P introduced himself as an engineer in the line and showed the chemicals which was of a special nature and costs Rs.3,500/- per liter for application of the same in the repair work.That was an imported product and not available in the local market as per the statement of the O.P.After completion of the work, the complainant has paid altogether Rs.17,000/- to O.P both in cash and cheque on different dates as per his demand.Annexure-2 & 3 are copies of statement of UCO bank pass book, Choudwar,Cuttack showing payment of the cost to the O.P.After some days it was found that the repair work was not proper and the water leakage continued as usual.When the complainant contacted the latter assured him to again rectify the defects as soon as possible but in vain.On subsequent reminders over phone by the complainant, the O.P went on giving evasive replies and did not do the repair work.

Being aggrieved by the false assurance given in the leaflet, the complainant sent a notice to the O.P by registered post demanding quick action which was received by the latter on 13.11.2017.In spite of that no action taken by the O.P.Annexure-4 & 5 are copies of such notice and its postal acknowledgement.

Having no other alternative, the complainant was constrained to file the present case before this Forum with the prayer that the O.P may be directed to rectify the defects in his building immediately or to return Rs.17,000/-paid to him towards cost of repair work.It is further prayed that the O.P be directed to pay Rs.25,000/- towards compensation for harassment and mental agony caused to him and Rs.10,000/- towards litigation cost in the interest of justice.

2. The O.P did not participate in the proceeding and as such he was set exparte.
3. On consideration of the uncontroverted averments made by the complainant on oath together with the enclosures filed by the complainant, it is held that there was deficiency in service on the part of O.P.  Hence ordered;

                                                                                ORDER

The case be and the same is allowed exparate against the O.P.In the facts and circumstances of the case, the O.P. is directed to complete the repair work of the building of the complainant free of cost immediately or to refund Rs.17,000/- paid to him by the complainant towards cost of repair.He is further directed to pay compensation of Rs.25,000/- for the harassment and mental agony caused to the complainanttogether with cost of litigation of Rs.10,000/-.

The order shall take effect within a period of 45 days from the date of receipt of copy of this order.

    Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 17^th day of May,2019  under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                       President.

                                                             

 

                                                                                                               

                                                                                                                (Smt. Sarmistha Nath)

                           Member(W)