IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

                          Tuesday the 14^th day of September, 2021.

                                      Filed on 18-10-2019

  Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.262/2019

   between

  Complainant:-                                       Opposite party:-

Sri.R.Pramod                                                      Sri.Preeju

Advocate, Surya                                                 S/o Ponnappan

Manappuram P.O.                                              Chirayil House, Thuravoor

Cherthala                                                             Panchayat Ward-2,

(Adv.Sri.E D Zacharias)                                     Thirumalabhagam P.O., Cherthala

                                                                             (Exparte)

               O R D E R

C.K.LEKHAMMA(MEMBER)

Brief facts of the complainant’s case are as follows:-

The complainant entrusted the opposite party, interlocking tile layer for laying ground tile in the courtyard of the complainant’s house and he agreed to lay grass encircling each and every tile.  But the opposite party has laid tiles without spreading gravel around the tile and as a result there occurred soil erosion.  This formed deep pit around the tiles and it is very difficult to walk over the tiles and the pedestrians fall down due to the crevices in between two tiles.  Subsequently due to several demands and request of the complainant, the opposite party has removed the grass in between the tiles.  That was done in May 2019 and began to lay ground tiles without grass in between the tiles.  But the opposite party failed to complete the laying of tiles in the courtyard and failed to finish it.  The opposite party failed to apply the vibrator on the tiles to set it even.  The opposite party had received the entire amount from the complainant but he failed to execute his part of the work as agreed.  Despite several direct and telephonic demands, the opposite party failed to finish the work.

2.      The complainant has issued lawyer’s notice to the opposite party on 13.08.2019 and he received the notice but neither action nor reply.  The opposite party assured that the tile laying work will be completed within few days and he had given offer and assurance to the complainant that the laying work will be done perfectly with utmost care and the work will embellish his premise.  But the opposite party failed to complete the work as offered and assured and the tile laying work still lies as incomplete and littered and he had received the entire amount from the complainant.  The opposite party is duty bound to complete the work as agreed.   There is grave dereliction of service on the part of the opposite party which caused mental agony and loss of money to the complainant.

3.      Complainant approached this Commission for following reliefs sought against the opposite party :-

1. To direct the opposite party to pay compensation for mental agony, frustration, disgrace, inconvenience, difficulties, loss of money, dereliction of service etc. to the complainant and cost of the proceedings.

4.      The points raised for consideration are:-

1.  Whether there is any deficiency of service committed by opposite party?

2.   Whether the complainant is entitled to get compensation?

3.   Reliefs and cost if any?

5.      The complainant filed proof affidavit in lieu of chief examination.  Exts.A1 to A3 and C1 were marked.  The opposite party remained absent after the receipt of notice.

6.      Point Nos. 1 & 2

          Ext.A1 is the true copy of lawyers notice dtd.13.08.2019, Ext.A2 is the postal receipt and Ext.A3 is the AD card of Ext.A1.

          The complainant alleged that the opposite party, interlocking tile layer taken contract to lay tiles in the courtyard of the complainant.  Even though he has received the entire amount from the complainant he failed to execute his work.  Due to the defective and incomplete laying work done by opposite party, complainant suffered mental agony, inconvenience, financial loss etc.  It happened to sent Ext.A1 lawyer’s notice dtd.13.08.2019 to the opposite party.  But he did not respond to it.  Ext.A1 notice is the evidence of undertaking between the parties.

7.      Expert Commission was appointed as per the request of the complainant, to assess the extent of damages caused due to the defective laying work and the expenses for further work.  The commissioner filed report with photographs were marked as Ext.C1 dtd.28.04.2021.  It is reported in Ext.C1 with regard to the area with feet of incomplete tile laying work, area with sq.feet of relaying tiles due to the defective work and also assess the entire expenses for relaying work as Rs.20,420/-(Twenty thousand and four twenty only).  The extend of damages reflected in the photographs attached.

8.      It appears that the evidence of the complainant remained unchallenged.  It is to be noted that inspite of receipt of notice from this Commission the opposite party has not appear and contest the case.  Eventhough he received Ext.A1 lawyer’s notice he has not denied the allegation in the notice.  The silence of opposite party itself amounts to admission of the allegations in the complaint as well as in the Ext.A1 notice.  In the above circumstances we have no hesitation to hold that there is deficiency of service on the part of opposite party and the complainant suffered financial loss apart from mental agony.  Therefore, we are of the view that the complainant is entitled to get   Rs.20,420,/- (Twenty thousand and four twenty only) as the expenses assessed for relaying tiles in Ext.C1 and compensation for deficiency of service and mental agony from the opposite party.  We have already ordered relaying expenses and compensation hence we are refrain from ordering cost of the proceedings.

9.      Point No.3

          In the result complaint stands allowed in part and directing that

1. The opposite party is liable to pay Rs.20,420/- (Twenty thousand and four twenty only), being the cost of relaying tiles, assessed in the C1 report, to the complainant.
2. The opposite party is also liable to pay Rs.10,000/- (Ten thousand only) towards compensation for deficiency of service and mental agony to the complainant.

The order shall be complied within one month from the date of the receipt of copy of this order, failing which the amounts under the above heads shall carry interest @ 8% per annum from the date of order till realization.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 14^th day of September, 2021.

Sd/-Smt. C K Lekhamma (Member)

Sd/-Sri.S.Santhosh Kumar (President)

Appendix:-

Evidence of the complainant:-

Ext.A1                -        Copy of lawyer’s notice dtd.13.08.2019

Ext.A2                -        Postal receipt

Ext.A3                -        AD card of Ext.A1

Ext.C1                 -        Commission report

Evidence of the opposite parties:- Nil

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                         By Order

                                                                                    Senior Superintendent

Typed by:- Sa/-

Compared by:-