DATE OF FILING : 15.12.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 29th day of March, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDHU SOMAN MEMBER
CC.No.278/2010
Between
Complainant : Jilmon John,
Madathil House,
Joance Regency,
Near KSRTC, Thodupuzha,
Thodupuzha P.O.
Idukki District.
(ByAdv: K.M. Sanu)
And
Opposite Party : The Manager,
M. S. Fiber - Glass
Desam, Aluva,
Ernakulam District.
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant has constructed a hotel near KSRTC Bus stand, Thodupuzha. A quotation was given to the opposite party on 17.9.2010 to the complainant for fixing the fibre doors in the bathrooms of the hotel for Rs.2,400/- per fibre door. The opposite party assured one year guarantee and told to the complainant that the doors will be having good quality. The conditions of the payment was also told to the complainant at the time of giving the quotation. The opposite party told that the doors will be fitted by themselves after delivery. The complainant has given quotation for 20 doors and in that 12 of them were supplied by the opposite party on 1.11.2010. The complainant paid Rs.900/- as transportation charge for the same and an amount of Rs.25,000/- was paid as cost of the material. After that the opposite party's persons approached the complainant for fitting the same. But the opposite party's men were not able to erect and fit the doors for the bathrooms of the complainant's building, because of the low quality of the material and they returned without fitting the same. After that, the complainant several times tried to contact the opposite party, but the opposite party never turned up. Several times the complainant contacted the opposite parties to erect the doors and they even denied the telephone calls of the complainant. The complainant fixed the inauguration of the hotel on 16.12.2010. So the matter was informed to the opposite party but they never turned up. So the complainant himself purchased another 20 fibre doors and erected them in the hotel for inauguration. The complainant approached the opposite
party for getting back the amount paid by him after taking back the material. The complainant is entitled to get the entire amount paid by him as Rs.25,900/- because of the unfair trade practice and
deficiency in service from the part of the opposite party. So the petition is filed for getting the same.
2. The opposite party is exparte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW1 and Exts. P1 to P4 marked on the side of the complainant.
5. The POINT :- The complainant produced evidence as PW1. PW1 constructed a hotel building near KSRTC Bus stand, Thodupuzha. The opposite party has given a quotation for fitting fibre doors in the bathrooms of the complainant's hotel with a rate of Rs.2,400/- per door on 17.9.2010. The opposite party assured good quality and one year guarantee at the time of issuing the quotation to the complainant. Copy of the quotation given by the opposite party for 20 doors is marked as Ext.P2. PW1 ordered 20 doors to the opposite party as per the quotation given by the opposite party and the opposite party supplied 12 doors to the complainant on 1.11.2010. The voucher issued by the opposite party to the complainant on 1.11.2010 for an amount of Rs.25,000/- and Rs.900/- as the transportation charge are marked as Ext.P1(series). After that the opposite party sent his men for fitting and when they tried to erect the same to the bathroom of the building, it was not possible because the fibre doors became bent when the bolts were fitted. So they returned without erecting the same. PW1 several times contacted the opposite party for fitting the same, but they never turned up. PW1 was very necessary to fix the same, because the inauguration of the hotel was fixed on 16.12.2010. That matter was also intimated to the opposite party. Even after repeated request, the opposite party never tried to erect the doors as per the order. PW1 himself purchased another 20 doors and erected them to his building before inauguration. Copy of the bill issued by the opposite party to the complainant is marked as Ext.P3, in which it is written that the complainant has paid Rs.25,000/- by way of cheque, for 12 numbers of PVC door shutter. So the complainant requested the opposite party to take back the fibre doors and repay the amount paid by him. Even several request made by the complainant, the opposite party never turned up. Ext.P4 invitation card shows that the inauguration was fixed on 16.12.2010 and the opposite party never tried to fit the doors which were supplied by them. Because of the low quality of the materials, the complainant purchased another doors and completed the work for the inauguration. Ext.P1(series) cash vouchers shows that the complainant paid an amount of Rs.25,000/- by a cheque No.953790 and an amount of Rs.900/- was given as transportation charge to one Mr.Ayyappan. Eventhough the complainant several times tried to contact the opposite party for fixing the doors, they never approached the complainant. It is an unfair trade practice and the opposite party is entitled to give back the amount paid by the complainant. This matter was not challenged by the opposite party in anywhere else. So there is gross deficiency in service from the part of the opposite party. The act of the opposite party made severe mental agony and financial loss to the complainant. But the complainant never produced any evidence to show the same.
Hence the petition allowed. The opposite party is directed to repay Rs.25,900/- with 9% interest from the date of this petition to the complainant as per Ext.P1(series), the amount received by the opposite party for supplying and erecting 12 numbers of fibre doors, after taking back the defective doors supplied by them within 30 days. And also directed to pay Rs.2,000/- to the complainant as cost of this petition within 30 days of receipt of a copy of this order failing which the outstanding amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 29th day of March, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Jilmon John
On the side of the Opposite Party :
Nil.
On the side of the Complainant :
Ext.P1(series) - Copies of the vouchers issued by the opposite party to the complainant
on 1.11.2010 – 2 Nos.
Ext.P2 - Copy of the quotation given by the opposite party.
Ext.P3 - Copy of the bill issued by the opposite party to the complainant.
Ext.P4 - Invitation card for the inauguration of the hotel of the complainant.
On the side of the Opposite Party :
Nil.
