IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 28th day of February, 2020.
Filed on 17-05-2019
Present
- Smt. Sholy P.R, B.A.L,LLB (President-in-charge)
- Smt.C.K.Lekhamma, B.A, LLB (Member)
In
CC/No.110/2019
between
Complainant:- Opposite party:-
Smt.Jolly John Sebastian Joseph @ Sony
W/o John S/o Joseph, Mappilaparambil
Palliparambil Veedu Sanathanapuram
Thathampally Veedu Kalarkode
Thathampally P.O. Now residing at
Alappuzha Malikaparambil
(By Adv.V.S.Karthikeyan) Thathampally P.O.
Alappuzha
ORDER
C.K.LEKHAMMA(MEMBER)
The following facts have prompted this complaint:-
The Complainant and the opposite party engaged into an agreement on 4/4/2018. As per the agreement the opposite party agreed to carry out the interior work in complainant’s newly builted house within 3 months. In accordance with that he issued a quotation and price list. The total amount for the expense of the work is considered as Rs. 4,95,000/-( Four lakhs ninety five thousand only) to be paid by the complainant to the opposite party. As per the terms of said agreement among other clauses, it was agreed that the interior work of complainant’s house was to be completed and handed over to the opposite party for doing the work by him as per the agreement. Secondly It was agreed that the opposite party has to supply sofa, coat, kitchen cupboard , Waldrobe, dining table, chair etc. In terms of the agreement on 28/3/2018, the part payment or Rs. 2,47,500/-(Two lakhs fortyseven thousand five hundred only) to the opposite party, by the complainant vide cheque No.291532 of Karnataka Bank drawn in favour of the complainant’s husband. After the agreement opposite party executed some panel work. Thereafter, he refused to complete work as per the terms of the agreement, the complainant tried to contact the Opposite party over phone. But opposite party evaded responding to such calls. The opposite party failed to complete the execution of the interior work and supply of materials, as the terms of the agreement. Therefore due to the incompletion of the work, under taken by the opposite party, the house farming function of the complainant’s house was delayed. Due to such deficiency in service it resulted much mental agony and financial loss to the complainant. Hence she filed this complaint.
2. The complainant filed proof affidavit in lieu of chief examination. Ext.A1 to A7 were marked. The opposite party appeared at the beginning of the proceedings but did not file any version. There after he is absent and declared exparte.
3. Ext.A1 dt. 4/4/2018 is the agreement between complainant and opposite party in which it is mentioned that the total amount of work is Rs. 4,97,500/- (Four lakhs ninety seven thousand and five hundred only) Ext.A2 is the letter written by the opposite party in his letter pad, in his own handwriting. Towards the end of said Ext.A2 he has put his signature. Ext.A2 is an unimpeachable evidence showing the transactions between the complainant and opposite party. In which it is specifically stated the total amount of Rs. 4,95,000/-( Four lakhs ninety five thousand only) for the execution of the work under taken. Ext.A3 is the lawyer notice dtd. 25/4/2019, Ext.A4 is the postal receipt and Ext.A5 is the Acknowledgment of the same. Ext.A6 is the whatsapp photos with regard to the interior work. Ext.A7is the Bank statement evidencing that on 28/3/2018 opposite party withdraw Rs. 2,47,500/-( Two lakhs forty seven thousand and five hundred only) vide cheque No.291532 of Karnataka Bank drawn in favour of complainant’s husband. Even though the complainant is limited her claim as Rs. 2,47,000/-(Two lakhs forty seven thousand only) All those unchallenged documents are the evidence of transaction between the parties. In the absence of contrary evidence we have no hesitation to hold that the allegation of the complaint is true and the opposite party is liable to refund the amount of Rs. 2,47,000/- (Two lakhs forty seven thousand only) to the complainant with 12% interest from 28/3/2018, being the date of withdrawal of the said amount from the bank, till realization. The opposite party is liable to pay compensation since due to the non compliance of contract the opposite party committed deficiency in service which resulted mental agony and financial loss to the complainant. Due to the latches of the opposite party the complainant constrained to file the complainant. Hence the opposite party is liable to pay litigation, costs to the complainant.
For the aforementioned reasons, we allow the complainant and direct that,
(1) The opposite party shall refund an amount of Rs. 2,47,000(Two lakhs forty seven thousand only) to the complainant, with 12% interest per annum from 28/3/2018, the date of withdrawal of said amount, till realization.
(2) The opposite party shall pay Rs. 5000/- to the complainant as compensation for the mental agony sustained by him due to the deficiency in service as well as pay Rs. 2000/- by way of litigation costs.
The said order shall be complied within one month from the date of the receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 28th day of February, 2020
Sd/-Smt.C.K.Lekhamma (Member)
Sd/-Smt. Sholly.P.R(President-in-charge)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Agreement
Ext.A2 - Price list
Ext.A3 - Lawyer Notice
Ext.A4 - Postal Receipt
Ext.A5 - Registered Notice
Ext.A6 - Photocopy of whatsapp photos
Ext.A7 - Bank Statement
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
