IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of January, 2014
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.164/2013 (Filed on 18.12.2013)
Between:
C.R. Rajan,
Chilampoly House,
Muthoor.P.O.,
Thiruvalla 689 107. ….. Complainant
And:
Suseelan,
Metal Worker,
Kaduthanam House,
Kunneparampil,
Nalukody.P.O.,
Changanassery. ….. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the case is as follows: Opposite party is a metal fabricator. Complainant approached opposite party to carry out some modification work on the gate of the residential building of the petitioner located at Thiruvalla. Opposite party drawn some designs and shown to the complainant and the complainant approved one design on 15.11.2013 and paid Rs.2,500/- to the opposite party as advance. Opposite party gave a receipt for the amount received. But opposite party delayed the work by saying flimsy grounds against his assurance to complete the work within 2 days. Finally the opposite party told that the entire fabrication work was completed and would be delivered at any moment. To convince the complainant he demanded painting materials and the complainant supplied painting materials worth Rs.430/-.
3. But the opposite party has not yet started the work in spite of the repeated demands by the complainant. Opposite party is deliberately and willfully intend to deceive the petitioner. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting a total amount of Rs.14,430/- from the opposite party, being the advance amount paid, cost of the materials, compensation and cost of this proceedings.
4. In this case opposite party is exparte.
5. On the basis of the pleading in the complaint, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral deposition of PW1 and Exts.A1 to A3. After closure of evidence, complainant was heard.
7. The Point:- The allegation leveled against the opposite party is that on 15.11.2013 opposite party had undertaken the modification work of the complainant’s metal gate and he received an advance amount of Rs.2,500/-, towards the work and painting materials worth Rs.430/-. In spite of the repeated demands by the complainant, opposite party is not turned up or done the work. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. So opposite party is liable to the complainant for the same and hence the complainant prays for allowing the complaint.
8. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and produced 3 documents. The said documents are marked as Exts.A1 to A3. Ext.A1 is the design of the work drawn by the opposite party and accepted by the complainant. Ext.A2 is the receipt for paying Rs.2,500/- as advance on 15.11.2013. Ext.A3 is the retail invoice for the painting materials purchased from Vettikkattumattom House of Colours for Rs.437/-.
9. From the available evidence, it is seen that complainant and opposite party entered into an agreement on 15.11.2013 for the modification work of the complainant’s gate for which complainant paid Rs.2,500/- as advance and provided painting materials worth Rs.437/-. According to the complainant, opposite party has not done the work in spite of his assurance that work will be completed within 2 days. The above said act of the opposite party is a clear deficiency in service. Since opposite party is exparte, complainant’s case stands proved as unchallenged. Therefore, we find that opposite party had committed deficiency in service to the complainant, and opposite party is liable to the complainant.
10. In the result, this complaint is allowed thereby the opposite party is directed to return an amount of Rs.2,930/- (advance amount + cost of the paint) (Rupees Two Thousand Nine hundred and thirty only) along with compensation of Rs.1,000/- (Rupees One Thousand only) and cost of Rs.500/- (Rupees Five hundred only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount ordered hereinabove with 10% interest from the date of filing of this complaint till the realization of the whole amount.
Declared in the Open Forum on this the 27th day of January, 2014.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : C.R. Rajan
Exhibits marked on the side of the complainant:
A1 : Design of the work drawn by the opposite party.
A2 : Receipt for Rs.2,500/- as advance amount on 15.11.2013.
A3 : Retail invoice dated 30.08.2013 for Rs.437/- issued by
Vettikkattumattom House of Colours to the complainant.
Witness examined on the side of the opposite party:
Exhibits marked on the side of the opposite party:
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) C.R. Rajan, Chilampoly House, Muthoor.P.O.,
Thiruvalla 689 107.
(2) Suseelan, Metal Worker, Kaduthanam House,
Kunneparampil, Nalukody.P.O., Changanassery.
(3) The Stock File.
