DATE OF FILING : 28.11.2017

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of August, 2018

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.252/2017

Between

Complainant : Dr. Augustine K.A.,

Kumpackal House,

Kaliyar P.O.,

Vannappuram, Idukki.

(By Adv: K.M. Sanu)

And

Opposite Party : Shaji,

Munjanattu House,

Vannappuram P.O.,

Idukki.

O R D E R

SRI. S. GOPAKUMAR, PRESIDENT

Case of the complainant is that,

Complainant entrusted the opposite party to do the work of sealing and to make cupboard in a shed attached to the house of the complainant. On knowing the expertise of the opposite party, the complainant entrusted this work to him. As per the request, opposite party done measurement of the area where the sealing is fixed and also took measurement for the cupboards. As per the direction of the opposite party, complainant purchased all the materials and on 10^th July, 2016, opposite party started the work by receiving an amount of Rs.21000/- from the complainant as labour charges. Thereafter opposite party done the work only few days and since the work was not completed, the complainant contacted the opposite party so many times, but the opposite party not turned up to complete the work as agreed. Because of the non-completion of the work, the major parts of the sealing are in a falling down stage.

Complainant further stated that, after convincing all the matter, opposite party received the amount from the complainant for completing

(cont....2)

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the work, but the opposite party wilfully evaded from the scene without finishing the work. This act of the opposite party caused much mental hardships and financial loss to the complainant. Hence the complainant filed this petition alleging deficiency in service against the opposite party and for getting reliefs such as to direct the opposite party to repay the amount of Rs.21000/- which was received from the complainant along with 12% interest and also direct the opposite party to pay cost and compensation.

Notice issued from the Forum to the opposite party was accepted by him. Evenafter the acceptance of the notice, opposite party failed to appear before the Forum and to file reply version or to contest the matter. Hence after allowing sufficient time for the appearance of 1^st opposite party, the opposite party was set exparte and the case posted for exparte evidence.

Evidence adduced by the complainant by way of proof affidavit. Complainant was examined as PW1.

Heard.

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

The POINT :- The statement of the complaint is not challenged by the opposite party. Opposite party miserably failed to appear before the Forum or file reply version to the allegations levelled against him. Since the version of the complainant is unchallenged, Forum allowed the complaint as such.

The Forum directs the opposite party to pay an amount of Rs.21000/- to the complainant which was received by him from the complainant along with 12% interest from 10.7.2016 and also direct him to pay Rs.10000/- as compensation and Rs.4000/- as litigation cost, within 30 days from the

(cont....3)

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date of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 30^th day of August, 2018

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SRI. BENNY. K., MEMBER

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Dr. Augustine Abraham.

On the side of the Opposite Party :

Nil.

Exhibits :

Nil.

Forwarded by Order,

SENIOR SUPERINTENDENT