DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

 Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

 Tuesday, the 13^th day of August 2024

CC. 369/2024

Complainant

1.                Deepak Chandran,

                         Pournami House,

                         Chevayoor Post,

             Kozhikode  - 673 017.

2.                Ashay Riju. P,

Pranath House,

Chelavoor Post,

Kozhikode – 673 571.

Opposite Party

                       Ubaid.P,

S/o Abdu Rahiman,

Valiyaparambu,

Kuniyil Kadavu,

Atholi Post,

Kozhikode – 673 315.

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT                

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 18/05/2024 the complainants entrusted the Aluminium Fabrication work of their shop to the opposite party for an estimated cost of Rs. 24,000/-. A total amount of Rs. 20,000/- was received by the opposite party from the complainant for the work. It was agreed that the work would be completed before 20/05/2024. But the opposite party did not complete the work as promised.

3. On 09/06/2024 the complainants lodged a complaint in the police station against the opposite party. As per the mediation settlement in the police station, it was agreed that the opposite party would refund Rs. 3,000/- and entrust the complainants the materials required for completion of the work so that the work could be completed by the complainants by engaging other persons. But the opposite party did not comply with the same. Hence the complaint claiming compensation of Rs. 1,16,000/-.    
4. The opposite party was set exparte.
5. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

6. PW1 was examined and Exts A1 to A4 were marked.
7. Heard.
8. Point No 1:   The complainants have approached this Commission alleging deficiency of service on the part of the opposite party in the matter of carrying out the work as per the agreement. The specific allegation is that the opposite party did not complete the aluminium fabrication work entrusted to him despite receiving payment to the tune of Rs. 20,000/-. The prayer in the complaint  is for compensation of Rs. 1,16,000/-.
9. PW1 is the second complainant and he has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Exts A1 and A2 are the screen shot of G-pay, Ext A3 is the copy of the petition lodged in the police station and Ext A4 is the receipt issued from Nadakkavu police station.
10. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and to contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4.
11. The act of the opposite party in not completing the work as per the agreement amounts to gross deficiency of service. The complainants were put to monetary loss and mental agony due to the negligence and latches from the part of the opposite party. The complainants deserves to be compensated adequately. The claim for Rs. 1,16,000/- as compensation appears to be excessive. Nothing is produced by the complainants to justify the quantum claimed. However, they are entitled to get a reasonable amount as compensation. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 15,000/- will be reasonable compensation in this case.
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.369/2024 is allowed in part.

b) The opposite party is hereby directed to pay a sum of Rs. 15,000/- (Rupees fifteen thousand only) as compensation to the complainants.

c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 15,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.

d) No order as to costs.

Pronounced in open Commission on this, the 13^th day of August, 2024.

Date of Filing: 22/06/2024

                         Sd/                                                                                                      Sd/-                                                                                                      PRESIDENT                                                                                    MEMBER                                                                                 

APPENDIX

Exhibits for the Complainant :

Ext A1 -   Screen shot of G-pay.

Ext A1 -   Screen shot of G-pay.

Ext A3 -  Copy of the petition lodged in the police station.

Ext A4 -  Receipt issued from Nadakkavu police station.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 -  Ashay Riju. P  (2^nd Complainant)

Witnesses for the opposite party

NIL

  Sd/                                                                                                      Sd/-                           PRESIDENT                                                                                    MEMBER                                                                                 

                                    True Copy,      

                                      Sd/-

                                                                                                                  Assistant Registrar.