By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of Consumer Protection Act against the opposite parties for getting refund of the excess amount, cost and compensation due to the deficiency of service of the side of opposite parties.
2. Brief of the complaint:- The house of the complainant was in a dilapidated condition and the floor of the same is damaged due to its age and therefore the complainant decided to renovate the house and for the purpose the opposite party No.2 arranged the opposite party No.1 to tile the house and accordingly the opposite party No.1 undertook to complete the tile work and as per the terms and conditions orally entered into between the complainant and the opposite parties that the complainant has to pay Rs.11.50 for the each square feet of the tile work including the skirting. Accordingly, the complainant entrusted the work with the opposite party No.1 along with one Lijo, who is the friend of the opposite party No.1. Even though the opposite parties undertook to complete the work they have completed the same only in part and they have completed only 875 square feet of flooring and skirting and thereafter they have not attended the work as they have assured. Several times the complainant contacted with them. But they are not willing to complete the work. In the meanwhile the opposite party collected a sum of Rs. 16,500/- from the complainant towards their wages and the said amount has been paid to the opposite party No. I in part by part. Now it seems that they have completed the tile work aggregating for an amount of Rs. 8562.50 after deducting the wages at the rate of 750 rupees per labour, which is to be completed and an excess amount of Rs. 7937.50 is in their hand. Therefore the opposite parties are liable to return the said amount to the complainant. The act of the opposite parties in not completing the tile work amounts to deficiency in their service. Even though several times the complainant asked the opposite parties to complete the work, they have not even attended to the same and even abused the complainant. In these circumstances the complainant is entitled to get back the excess amount of Rs. 7937.50. Which is obtained by the opposite party No.1 from the complainant. The complainant is also entitled to get a sum of Rs. 5,000/- towards the compensation and a sum of Rs.3,000/- towards the mental agony. At present the complainant is not in a position to close his doors as the opposite parties are not completed the work as assured by them. Due to the illegal act of the opposite parties the complainant sustained huge difficulties for which they are liable to compensate. Hence prayed before the Forum for an Order directing the opposite parties to return the excess amount of Rs.7,937.50/- which they have obtained from the complainant and to pay a sum of Rs.5,000/- towards the compensation and to pay a sum of Rs.3,000/- towards the mental agony and to pay the cost of this complaint to the complainant.
3. On receipt of complaint, Notices served to opposite parties and no version filed till 02.06.2014. Hence opposite parties set ex-parte. Since the amendment I.A filed by the complainant again notices were sent to opposite parties. Opposite party No.2's notice returned stating that addressee left, hence opposite party No.2 set ex-parte on 06.03.2014. Opposite party No.1 filed version on 13.06.2014 and stated that the allegation in Para No.2 and 3 of the complaint that opposite party No.2 is the agent who arranges the workers is denied. He is the friend of complainant as well as the opposite No.1. The allegation in para No.3 that opposite party No.1 agreed to the tile work for Rs.11.50/- for square meter including skirting is totally false and hence denied. The agreed amount was Rs.14/- per square feet and skirting for Rs.14/- per feet irrespective of breadth. This is the commonly accepted rate. Moreover, as it is a renovation, it is very hard to work and normal rates cannot be accepted and as it was only approximately 880 square feet covering the main area of the house, it will not be viable for the opposite party to do the same for lesser amount. The opposite party No.1 and his workmen did the work for 30 days at the house of the complainant. As it is an old house and completely dilapidated condition, the opposite party had to do lot of work in cleaning, removing unwanted portions, chipping, leveling and concreting which took much time and labour. The complainants mother was not doing well and shifting her and the furniture etc were very tedious and the complainant never cared for the same and tried to delay the work by saying some or other excuses. Interestingly, the opposite party No.2 and workers were not permitted to enter the house when the complainant was not there.
4. Usually complainant will be out and the opposite party No.1 had to return back without doing work. More over he was not paying properly. He was not ready to pay even the day to day expenses of the opposite party. The materials like cement, sand, tiles etc were not provided by the complainant in time and he used to say “ he has paid only Rs.7,500/- to the opposite for the work done. The opposite party could not continue the work due to the weird acts of the complainant. At last, when the work almost completed. The complainant told the opposite party No.1 that he cannot pay as agreed and he will pay only Rs.11.50/- per square feet. The opposite party was not ready for that and the complainant became ferocious and he forcibly expelled the opposite party No.1 and his workers and he withheld the tools and machines of the opposite party. He had threatened that they will be manhandled if they comeback. The opposite party complained to the police but the opposite party approached this Honorable Forum and hence the police was not ready to entertain the complaint as there is no crime is involved. Now tile cutting machine, molding machine, cement knifes, measuring scales, water levels, spanner set are with the complainant. By doing this, the complainant has denied the opposite party the right work. The complainant had caused mental agony and pressure to the opposite party. The work done by the opposite party is to be measured and balance amount is to be paid to the opposite party as agreed mutually. There is no deficiency of service from the part of opposite party and he does not deserve any compensation. Hence the complaint may be dismissed with cost.
5. On perusal of complaint, version and Commissioner Report the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- Complainant filed proof affidavit of complainant and stated as stated in the complaint and he is examined as PW1 and Ext.C1 is marked. Ext.C1 shows that some skirting and some bathroom walls work are incomplete. It prove that the allegation in the complaint is true. The statement in the complaint and deposition that the opposite party already received Rs.16,500/- is not disproved by the opposite party. Anyway the work is admitted by the opposite party and Commissioner Report shows that total square feet including skirting work comes only to 875 square feet if we calculate in the opposite parties agreed rate also it will come around only Rs.12,250/- (ie 875x14). The opposite party has not adduced any evidence and the complainant could not get a chance to cross-examination. Hence we are in the opinion that the opposite party has made an unfair trade practice . Hence the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite parties, opposite parties are jointly and severally liable to compensate the complainant. The complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite parties are directed to refund the excess amount collected from the complainant ie Rs.16,500 -12,250= Rs.4,250/- (Rupees Four Thousand Two Hundred and Fifty) only and also directed to pay Rs.5,000/- (Rupees Five Thousand) only as compensation and Rs.2,000/- (Rupees Two Thousand) only as cost and Rs.1,000/- (Rupees one Thousand) only as mental agony to the complainant. The opposite parties No.1 and 2 are directed to comply the Order within one month from the date of receipt of this Order. Thereafter, the complainant is entitled for an interest at the rate of 15% for whole the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 27th day of March 2015.
Date of Filing:23.05.2013. PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Abdul Nazer. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
C1. Commissioner Report.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
