DATE OF FILING : 08.01.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31st day of March, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.11/2010

Between

Complainant : P.V.Joy,

J.T.O, B.S.N.L,

Pezhumkattil House,

Kattappana P.O,

Valiyakandam.

(By Adv: Babichen.V.George)

And

Opposite Party : Shijo.V.Mathew,

Vidhupurackal House,

Uppukandam P.O,

Nathukallu,

Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Complainant is working in BSNL as JTO at Kattappana. In order to make a garden in front of his house he approached the opposite party, who is conducting garden works in the name and style “Green Park”. The opposite party offered Rs.11/- per sq.feet for cultivating grass, Rs.2,000/- for constructing a water pool and Rs.3,500/- for the other works, total Rs.30,690/- was agreed by the opposite party. As per the order, the opposite party cleaned the ground and constructed a water pool. Rubble works were also done and the lawn works were also done in 2290 sq.feet of land. At the time of measuring the land, the land was 100 sq.feet less than the agreement and so the opposite party gave a reduction of Rs.1,100/- for the final bill. So the complainant paid Rs.27,500/- to the opposite party. The balance amount was to be given after completing the irrigation and growth of the grass. As per the agreement the opposite party offered “Korean grass” for the garden, but when the grass was grown it was not Korean grass but it was “Karukappullu”. The matter was informed to the opposite party. The opposite party offered to reinstate it with Korean grass but it was not done after several requests. Then the complainant filed a petition before the Kattappana Police and as per the decision taken at the Police Station on 18.08.2009, the opposite party agreed to cultivate Korean grass in the garden of the complainant within 30 days. The entire grass grown in the garden was destroyed by using pesticides by the opposite party but after that the opposite party never approached the complainant to cultivate the Korean grass. So the complainant is entitled to get the amount given as Rs.27,500/- from the opposite party and also for compensation due to the deficiency in service of the opposite party. So this petition is filed.

2. The opposite party was absent and called exparte.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PWs 1 and 2 and Exts.P1 to P8 marked on the side of the complainant.

5. The POINT :- The complaint is filed against the deficiency in the part of the opposite party in the construction of a garden and lawn in the compound of the complainant. Complainant was examined as PW1. Complainant created an agreement with the opposite party to construct a garden in front of the house of PW1. The rate fixed for 1 sq.feet of growing Korean Grass was Rs.11/-. The complainant and the opposite party agreed to clear and shape the land in front of the house and a water pool was also agreed to construct by the opposite party. The complainant was agreed to supply the materials for the construction such as sand, steel, cement, net etc. Rs.7,000/- was paid as advance and the work was started. After that the opposite party received Rs.20,500/- on several occasions. Ext.P1 is the agreement created between them. The total amount for the construction was Rs.30,690/- as per the agreement. After cultivating the grass the measurement was taken, there was a shortage of 100 sq.feet in the area from the agreement and the opposite party gave a reduction of Rs.1,100/-. So a total amount of Rs.27,500/- was received by the opposite party from the complainant. The balance amount was agreed to pay after growing of the lawn by thorough irrigation. Ext.P2 is the receipt given by the opposite party to the complainant for the receipt of Rs.27,500/-. But when the grass was grown, it was not the grass as per the agreement. It was only “Karukappullu” and not the “Korean grass”. So several times the complainant approached the opposite party to recultivate the same with the grass as per the agreement. But the opposite party never turned up. So a petition was filed before the Sub Inspector of Police, Kattappana. Ext.P4 is the copy of the same. Ext.P5 is the receipt given by the Sub Inspector of Police for his petition. The opposite party agreed to construct the garden with Korean grass as per the agreement within 30 days and Ext.P6 is the letter given by the opposite party to the complainant stating the same. Exts.P7 and P8(series) are the photographs taken by the complainant. A commissioner was appointed and was examined as PW2. PW2 prepared a commission report and it was marked as Ext.C1. As per the report, the commissioner stated that the grass cultivated in the compound of the complainant were seen dried, the type of grass grown is Karukappullu.

As per PW1, Rs.11/- per sq.feet is the cost for cultivating Korean grass in the compound, Rs.2,000/- for constructing water pool and Rs.3,500/- for the other works such as levelling the land etc. All other works were done by the opposite party without any dispute. The only dispute is that the grass cultivated by the opposite party in the garden was not the “Korean grass” as per the agreement, but it was some “Karukappullu”. So the complainant approached the opposite party to cultivate Korean grass as per the agreement. A petition was filed before the Kattappana police station for the same which is Ext.P4. The Ext.P6 letter given by the opposite party shows that he agreed to re-cultivate the land with Korean grass within 30 days, which is also signed by the opposite party and the complainant in front of witnesses. So it shows that there is deficiency in the part of the opposite party in the construction of the garden and in the cultivation of the grass. So we think that the opposite party is entitled to give back the amount received for cultivating the Korean grass or re-cutivate the same with Korean grass. Rs.25,190/- was agreed by both parties for cultivating Korean grass. In that amount there was a decrease in area by 100 sq.feet and a reduction of Rs.1,100/- given by the opposite party. So Rs.24,000/- is the cost for cultivating Korean grass as per the offer of the opposite party. The complainant approached the Kattappana Police Station for getting the refund of the amount and he suffered a lot because of the act of the opposite party.

Hence the petition allowed. The opposite party is directed to pay Rs.24,000/- to the complainant or cultivate the garden of the complainant with Korean grass as per Ext.P1 agreement within 2 months. The opposite party is also directed to pay Rs.1,000/- for the inconvenience and hardships caused to the complainant and Rs.2,000/- for the cost of this petition within one month 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 31^st day of March, 2010

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SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

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I agree SMT.SHEELA JACOB(MEMBER)

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I agree SMT.BINDU SOMAN(MEMBER)

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APPENDIX

Depositions :

On the side of Complainant :

PW1 - P.V.Joy

PW2 - P.A.Suhas

On the side of Opposite Party :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Agreement between the complainant and the opposite party

Ext.P2 - Receipt dated 25.10.2008 for Rs.27,500/- issued by the opposite party

Ext.P3 - Sketch of the compound of the complainant where the grass

was cultivated

Ext.P4 - Complainant's petition dated 18.06.2009 filed before the

Sub Inspector of Police, Kattappana

Ext.P5 - Receipt given by the Sub Inspector of Police, Kattappana for

the complainant's petition

Ext.P6 - Letter dated 18.08.2009 issued by the opposite party to the

complainant stating that he agreed to recultivate the land with

Korean Grass

Ext.P7 - Photographs with Negatives(4 Nos)

Ext.P8 - Photograph(1 No)

Ext.C1 - Commission Report

On the side of Opposite Party :

Nil