DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Wednesday, the 31st day of July 2024
CC.85/2024
Complainant
Srikanth.R,
M26 A5 KSHB Colony,
Malapparamba, Kozhikode,
673 009 (PIN).
Opposite Party
Shanoob. A.K
Ayyappan Kandi House,
Mokavvoor, Eranhikkal Post,
Kozhikode – 673 303.
Corrected as
Shanoob. A.K,
Gouri Sadanam,
Charedath Paramba,
Makkada Post,
Kozhikode – 673 611.
(Corrected as per order dated 15/05/2024)
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The complainant approached the opposite party for doing some interior works in his house. The estimate quoted for the work was Rs. 17,500/- and as per the request of the opposite party, Rs. 10,000/- was paid as advance to buy materials for the work. The opposite party had promised to start the work on 10/10/2023. Till 13/10/2023 the opposite party did not start the work in spite of daily reminders. On 13/10/2023 when the complainant sought refund of the advance amount, he refused and promised to start the work in 2 days.The complainant turned down the offer as the opposite party was not a man of his word and employing such a dishonest and irresponsible person would not be wise.
- The complainant lodged a complaint in the police station against the opposite party. But the police refused to register FIR, but offered to mediate a settlement. After repeated requests from the police, the opposite party came to the police station and made a written statement describing the facts of the case and promising the refund of advance by 31/12/2023. But he has not made any refund so far. Hence the complaint to direct the opposite party to refund the advance amount of Rs. 10,000/- along with compensation of Rs. 10,000/-.
- The points that arise for determination in this complaint are;
1. Whether there was any deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.
- PW1 was examined and Exts A1 to Ext A3 were marked.
- Heard.
- Point No 1: The complainant has approached this Commission alleging deficiency of service on the part of the opposite party. The specific allegation is that the opposite party did not carry out the interior works of the house of the complainant as agreed and he refused to refund the advance amount of Rs. 10,000/- paid by the complainant. The prayer in the complaint is for refund of the advance amount along with compensation.
- PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the screen shot of G-pay, Ext A2 is the screen shot of whatsapp messages and Ext A3 is the agreement.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3.
- The act of the opposite party in not carrying out the work as agreed and his further neglect to refund the advance received amounts to deficiency of service. The complainant is entitled to get refund of the advance amount of Rs. 10,000/-. Undoubtedly, the act of the opposite party has caused mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this regard.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.85/2024 is allowed in part.
b) The opposite party is hereby directed to refund the advance amount of Rs. 10,000/- (Rupees ten thousand only) to the complainant.
c) The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 10,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.
e) No order as to costs.
Pronounced in open Commission on this, the 31th day of July, 2024.
Date of Filing: 17/02/2024
Sd/- Sd/-
PRESIDENT MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Screen shot of G-pay,
Ext A2 - Screen shot of whatsapp messages.
Ext A3 - Agreement.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Srikanth.R (Complainant)
Witnesses for the opposite party
NIL
Sd/- Sd/-
PRESIDENT MEMBER
True Copy,
Sd/-
Assistant Registrar.
