By Sri. A.S. Subhagan,  Member:

          This is a complaint preferred  under  Section 35 of Consumer Protection Act 2019.

          2.  Facts of the case in brief:-  The Complainant had engaged the Opposite Party for  the  concrete work  in the  back side of the Complainant’s building  named  “Unity Complex” so as to  ensure free  flow of  rain water.  The work was to be completed before  rainy season and as such the work was entrusted to the Opposite Party. The Opposite Party had offered to complete the  concrete work for   Rs.85,000/-.  The Complainant has stated that the Opposite Party had agreed to do the work immediately but he did not  do so inspite of repeated demands from the Complainant and her husband.    As per the discussions  with the Opposite Party on 24.04.2023,  the Complainant paid  Rs.21,000/-   to the Opposite Party by google pay.  Another Rs.9,000/- was  also paid to the Opposite Party,   considering  his demand by google pay and the Opposite Party then agreed to start the work the very next day itself.  But he  had not started the work as agreed upon.  Subsequently,   on  the first and second days of May 2023 the  Opposite  Party removed soil from the premises,  engaging two workers for which the Opposite Party received Rs.3,000/-  towards labour charges from the Complainant.  But the Opposite Party did not do any work as agreed upon.  Though the Complainant and her husband contacted the Opposite Party on may occasions, he tried to abstain from the work,  even though he had received Rs.30,000/-  from the  Complainant.   The act of the Opposite Party  is deficiency in service which has caused irreparable loss and injury to the Complainant.  Hence,  this complaint with prayers for getting refund of Rs.30,000/- together with interest at the rate of 18%, compensation of Rs.1,00,000/-  and cost of Rs.25,000/-. 

          3.  Notice was served on the Opposite Party but he refused to accept it and hence the Opposite Party was set ex-parte.  Chief affidavit was filed by the Complainant,  Ext.A1 to A4  and C1  were marked  from  her side and she adduced ex-parte evidence. 

          4.  Considering the complaint as well as the facts and circumstances of the case,  Commission raised the following  points for deciding the case.

1.  Whether there has been any deficiency in service from the  part of the 

 Opposite Party?

2.  If so, relief and cost.

5.  Point No.1:-  The case of the Complainant  is that though the Opposite

Party had received Rs.30,000/- from the Complainant for concrete work as narrated in the complaint,  he did not do the work till date, which is deficiency in service from the part of the Opposite Party causing irresponsible loss and injury to the Complainant.  Ext.A1 series of documents show that the Complainant had paid  Rs.21,000/-  and  9,000/- on  24.04.2023 to the Opposite Party by google pay.  This is revealed from Ext.A3 account statement issued by Indian Overseas Bank.  Ext.A2 also reveals that Rs.3,000/-  was paid to the Opposite Party on 02.05.2023.  Ext.C1 report states that nothing is found in the premises of the building.  So in the light of Exts.A1 series,  A2 and C1  we are of the view that the allegation of the Complainant is true.  The Opposite Party had the opportunity to appear before the Commission and defend the case, even challenging the maintainability of the complaint. But, he did not do so.  Hence, we have no other option than to believe and  accept the allegation of the Complainant.  Accepting money from the Complainant without performing  his duty and abstaining  from the execution  of the work as agreed upon is nothing but deficiency in service.  Here,  there has been deficiency in service from the part of the Opposite Party.  So, point No. 1 is proved against the  Opposite Party.

          6.  As point No.1 is proved against the Opposite Party,  he is liable to compensate the Complainant.

          7.  In the result,  the complaint is partly allowed and the Opposite Party is directed.

1.  To return Rs.30,000/- (Rupees Thirty Thousand only)  received by him from the Complainant together with interest  at the rate  of 8% per annum with effect from 24.04.2023.
2. To pay Rs.25,000/- (Rupees Twenty Five thousand only) towards  compensation for deficiency in service and
3. To pay Rs.6,000/-  (Rupees Six thousand only) towards  cost of this proceedings.

    The   above   amounts   shall   be  paid  by   the  Opposite Party   to   the

Complainant within one month from the date of receipt of this  order,  failing which the amount will carry interest at the rate of 9%  per annum from the date of this order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 1^st  day of December 2023.

          Date of filing:07.06.2023

                                                                                       PRESIDENT    :   Sd/-

                                                                                       MEMBER        :    Sd/-

                                                                                       MEMBER        :   Sd/-

APPENDIX.

Witness for the Complainant:

PW1.              Ramla. K                              Complainant.         

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1 series (2 Nos).   Print out  of  Google Pay Receipt.            

A2.    Print out  of  Google Pay Receipt.

A3.    Statement of Account for the period from 10.04.2023 to 10.05.2023.

A4.    Statement of Account for the period from 10.04.2023 to 10.05.2023.        

C1.    Commission Report.

Exhibit for the Opposite Party:

Nil.   

                                                                                                PRESIDENT:  Sd/-

                                                                                               MEMBER    :   Sd/-

                                                                                                MEMBER    :   Sd/-