IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Monday the  29^th    day of  January, 2024

Filed on: 07.09.2023

Present

1. Smt. P.R.Sholy, B.A.L, LLB  (President in Charge )
2. Smt.  C.K.Lekhamma . B.A. LLB (Member)

In

CC/No.255/2023

     between

          Smt. Kavitha Dileep                                                                     Sri. Chandu

 Palazhy                                                                             S/o Ramachandran Pillai  

Kannamangalam South                                                     Chandoos Interlock, Puthen veettil                                       

Chettikulangara.P.O, Mavelikara                                      Eruva.P.O, Kayamkulam  -690572

Pin-690106

(Party in person)                                                                 (Exparte)

O R D E R

SMT. SHOLY.P.R (PRESIDENT IN CHARGE)

         Complaint filed u/s 35 of the Consumer Protection Act, 2019.

1.         Complainant’s case briefly stated is as follows:-

Complainant had entrusted the work for laying tiles on courtyard to the opposite party @ Rs. 72/- per sqft and he had  received an amount of Rs.47,300/- from the complainant for the unfinished and  defective work by using little mettle  for the work.  On realizing the said defect, though the complainant wanted to cure the same, the opposite party did not willing to cure the defect in laying tiles by saying lame excuses while enquiry.  On seeing  holes and cracks to the tile, the opposite party replied it would  remove while applying polish on it.  Considering the works in neighbouring house the  work done for the complainant is defective and which amounts to deficiency in service from the part of opposite party and causing mental agony and financial loss to the complainant. Hence this complaint.

In response to the notice along with the complaint the opposite party did not responded. Hence proceed with exparte.

2.       Points raised for consideration are:-

1. Whether there is any deficiency in service on the side of opposite party?

2. Whether the complainant is entitle to the reliefs sought for in the complaint?

3. Reliefs and costs?                  

3.       Point No. 1 and 2:-

Complainant’s case is that she entrusted work for laying tiles in courtyard to the opposite party. It was agreed to lay the work @ Rs.72/- per sqft and accordingly the  opposite party received an amount of Rs.47,300/- from the complainant. Thereafter it was realized that the  tile work done by the opposite party seen unfinished and defective and shows holes and cracks on several parts of the tiles. Several request for removing the defects were not heeded by the opposite party and in that event the complainant filed this complaint for directing the opposite party for curing the defect of tile work or to refund the amount received for tile work taking back the tiles along with compensation and cost.

The opposite party remained exparte.  In the mean time a  commission report was submitted as per the order in IA No.279/2023.

The complainant filed chief affidavit and 2 documents for proving her case, marked as Ext.A1 and A2.  The  Expert Commission report marked as Ext.A3 series.  Ext.A1 and A2 are the screen shot  with regard to the payment of amount to the opposite party. It is seen  from Ext.A1 and A2 an amount of Rs. 25,000/- and  Rs. 22,300/- paid to Mr. Ramachandran Pillai on 15/8/2023 and 17/8/2023 respectively by the complainant. From the address of the opposite party it is evidented that the above named person is none other than  the father of the opposite party.  Through Ext.A3 series  Commission Report the complainant could convince us  regarding the defects caused in laying the interlock in the courtyard of complainant in which the Commissioner specifically stated the reasons for the  defects and defective laying of interlock and wayout of its curing.  In the said circumstance the complainant is deserving for allowing the complaint. These points are considered accordingly.

4.       Point No.3:-

In the result complaint  stands allowed.

A. Opposite party is directed to cure the defective laying of the tile in the courtyard of the complainant by replacing the damaged tiles, otherwise repay Rs. 47,300/- to the complainant within thirty days of receipt of this order, failing which the said amount shall carry an interest @ 9% per annum from the date of complaint till realization.

B.  Complainant is entitled Rs.5000/- as compensation from opposite parties.

C.  Complainant is entitled Rs. 5000/- as cost of  proceedings from opposite parties.

The order shall be complied with within one month from the date of receipt of this order.

Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the  29^th      day of  January, 2024.

                                              Sd/-Smt. P.R. Sholy (President in Charge)

         Sd/-Smt.C.K.Lekhamma (Member)

Appendix:-Evidence of the complainant:-

Ext.A1                       -           Screen shot  of Payment

Ext.A2                       -           Screen shot of payment

Ext.A3series              -           Commission Report

Evidence of the opposite parties:- Nil

// True Copy //

To        

            Complainant/Oppo. party/S.F.

                                                                                                                           By Order

Typed by:- Br/-                                                                             Assistant Registrar

Compared by:-