SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint U/s 35 of Consumer Protection Act 2019, seeking direction against opposite party for his loss sustained towards payment of rent ie. 10 lakh and Rs.2,20,000/- paid for the work entrusted to opposite party as the opposite party practiced negligence towards the conditions of agreement entered between complainant and opposite party and also for mental agony which complainant sustained.
Complaint in brief
The complainant in the complaint took a room for rent to run an optical shop in 26th ward of Sreekandapuram Muncipality. The complainant entrusted OP to do his interior work by paying Rs.2,20,000/- with a stipulation that the said work should complete within 3 months form 16/11/2018. The fact in issue in the complaint that the OP never completed his work even after both parties entrusted another agreement on 30/01/2023 to complete the work within 13/02/2023 which also OP failed to comply and there by complainant sustained huge loss towards the payment of rent and hardships. Hence this complaint.
After filing this complaint, notice was issued and the notice was returned with on endorsement as “unclaimed”. Hence notice is deemed as duly served. The OP is not appeared before the commission and not filed any version. Hence the commission came into conclusion OP has no version as such in this case came to be proceed against the OP is set ex-parte.
Even though the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents which is marked as Ext.A1 to A4. Ext.A1 is the agreement executed between complainant and OP dated 30/01/2023, Ext.A2 is the copy of the lawyer notice sent by complainant to OP, Ext.A3 is the postal receipt and Ext.A4 is the acknowledgment card. The complainant was examined as Pw1. So the OP remain absent in this case. At the end the commission heard the case on merit.
As the OP was set ex-parte, the commission looked into available evidence to answer the fact in issue. As per the complaint, 16/11/2018 both parties entered in an agreement of work assigned however complainant produced an agreement dated 30/01/2023 which was marked as Ext.A1. On the perusal of Ext.A1, it is seen that complainant and OP was duly signed the agreement and the Ext.A1 clearly stipulated that OP has obtained 2,20,000/- for the work as advance which was orally entrusted in the year 2018 and due to failure of conditions by OP, again both parties entered into an agreement in the year 2023 and the said agreement conditions was also violated by OP. Moreover, it is seen in Ext.A1 which was duly signed by both parties that the complainant here in sustained a loss of 2 lakhs towards the rent he paid and OP is solely responsible for the loss. Even if, there is no other evidence towards the payment of rent and advance amount except stipulations agreed and signed by parties to the complaint (Ext.A1). Hence the commission came into a conclusion that there is deficiency in service from the part of OP even after obtaining consideration. Hence the complainant is entitled to get the compensation as well as the loss sustained by paying rent and advance amount. The complainant is entitled only to get the rent amount which is stated in the agreement ie. Rs.2,00,000/- and Rs.2,20,000/- which was th advance amount since there is no other evidence to substantiate his loss except Ext.A1.
In the result the complaint is allowed in part. The opposite party is directed to pay Rs.2,20,000/- towards the advance amount he paid and Rs.2,00,000/- towards the rent he paid as per the Ext.A1 and also pay Rs.10,000/- as compensation for mental agony and Rs.5,000/- as cost of litigation to the complainant. In default the amount of Rs.2,20,000+2,00,000 carry 9% interest per annum from the date of order till realization. Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. .
Exts.
A1-Agreement
A2-Copy of lawyer notice
A3-Postal receipt
A4- Acknowledgement card
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
