DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 21st DAY OF MAY, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 06.12.2023.
CC/333/2023
Prabhunath.K.G, S/o.Gopinathan Nair, - Complainant
Aiswarya, Palappuram,
Ottappalam, Palakkad-679 103.
(Party-In-Person)
Vs
Shajudeen, S/o.Kunjahammed, -Opposite Party
Koottilathodi veedu,
Vadakkepotta, Thekkepotta, PO,
Puthukode, Palakkad-678 687.,
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
The complainant entrusted the interior work of his newly constructed house to the opposite party by executing an agreement on 28.01.2020 for Rs.3,70,000/- and paying Rs.1,00,000/- as advance payment. Accordingly, the work was completed in January, 2021. The complainant’s grievance is that the hinges and mica finishing of the doors got damaged, within a few months and when the opposite party was contacted two workers of the opposite party came in August, 2021 and promised to come back with necessary materials for rectifying the defects. But they never turned up. A lawyer’s notice was served on 08.03.2022 to the opposite party which got returned as the address given in the agreement was wrong. Though efforts were made to contact the opposite party, he never came to attend to the complaints. In between, the cupboards in the kitchen also got damaged. According to the complainant, this has happened as the opposite party failed to use the plywood and other materials mentioned in the agreement. Further, the opposite party has collected Rs.60,000/- additionally for the extra work done. Aggrieved by this, the complainant has approached this Commission seeking a compensation of Rs.6,00,000/- apart from the cost of legal notice and litigation.
2. The complaint was admitted and notice was issued to the opposite party. He did not enter appearance, hence his name was called in open court and set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A4 as evidence of which Exts.A2 and A4 are a series of documents. Ext.A1 is the agreement executed between the complainant and the opposite party, Ext.A2 is a series of four photo printouts showing the damages, Ext.A3 is the copy of legal notice sent to the opposite party by Adv.P.Jayaprakash on behalf of the complainant and Ext.A4 is series of vouchers and screen shorts of payments made to the opposite party.
4. In the absence of any efforts from the opposite party to defend the case, this Commission is bound to go by the proof affidavit filed and documents marked from the side of the complainant to reach a conclusion as to whether there is any deficiency in service on the part of the opposite party.
5. As per the agreement executed, the opposite party had committed to use good quality materials for the work. Ext.A2 series shows the damages caused to the work which shows the poor quality of materials used. Ext.A4 shows the payments made by the complainant to the opposite party.
6. If the opposite party had any contentions or counter pleadings, he could have entered appearance and participated in the proceedings. From the absence, it seems that he do not have any point to raise in defence of the case.
7. Resultantly, the complaint is allowed ordering the following;
1) The opposite party is directed to rectify all the defects mentioned in the complainant, using quality materials to the satisfaction of the complainant.
2) If not willing, the opposite party is directed to refund Rs.2,00,000/- to the complainant for rectifying the defects, along with interest @ 10% p.a. from 1st January, 2021 till the date of payment.
3) The opposite party is liable to pay Rs.1,00,000/- as compensation for deficiency in service.
4) The opposite party is also directed to pay Rs.10,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite party is liable to pay Rs.500/- as solatium per month or part thereof from the date of this order till the date of final payment.
Pronounced in open court on this the 21st day of May, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of agreement between the complainant and the opposite party.
Ext.A2: Print outs showing poor quality of hinges, mica etc.
Ext.A3: Lawyer notice sent to the opposite party.
Ext.A4 series: Screen shots of Google pay for Rs.2,30,000/- and voucher for Rs.1,00,000/-.
Documents marked from the side of opposite parties: NIL
Witness examined from the complainant’s side: NIL
Witness examined from the opposite parties side: NIL
Cost : 10,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
