IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 30th day of January, 2010. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No. 121/09 Between: Thomas Varghese, aged 66, Mulapponmannil House, Nedumprayar, Maramon P.O., Thottappuzhassery Village, Thiruvalla Taluk. (By Adv. Thomas Mathew Edathil) .... Complainant. And: V. Anandan, Anand Engineering Works, Nedumprayar, Maramon P.O., Thottappuzhassery Village, Thiruvalla – 689 549. .... Opposite parties. ORDERSri. Jacob Stephen (President) The complainant has filed this complaint against the opposite party for getting a relief from the Forum. 2. The complainant’s case is that the complainant and the opposite party entered into an oral agreement for doing the terrace work and putting the roofing sheets on the terrace at the complainant’s house by the opposite party. The opposite party prepared an estimate for Rs. 87,240/- for the entire works. The complainant paid Rs.30,000/- to the opposite party as advance for the proposed work vide cheque No.000852 dated 11.03.2009 for Rs.20,000/- and cheque No.000853 dated 14.03.2009 for Rs.10,000/- of Maramon-Thottappuzhassery Regional Co-operative Bank from the account of the complainant’s wife. As per the terms of the agreement, the opposite party assured that the work will be completed within 3 weeks from 11.03.2009. But the opposite party failed to carry out the work except the fixing of a frame with pipes at a portion of the house. Thereafter, the complainant directly and through mediators approached opposite party for the completion of the work. Even after this, the opposite party has not started the remaining works. Thereafter, the complainant issued Advocate Notice to the opposite party on 27.07.2009 demanding the completion of the work to return the advance amount of Rs.30,000/- with 18% interest per annum from 14.03.2009. The said notice was received by the opposite party on 28.07.2009. Even after the receipt of the notice also, the opposite party has not completed the work or returned the advance amount. The above said act of the opposite party is a deficiency of service, which caused financial loss and mental agony to the complainant. Hence this complaint for an order directing the opposite party either to complete the work within a stipulated period or to return the advance amount of Rs.30,000/- with interest and cost of this complaint. 3. Due to the absence of the opposite party, he was set exparte. 4. The complainant’s evidence consists of his proof affidavit narrating his case and the documents filed along with the proof affidavit. On the basis of the proof affidavit, the documents produced by the complainant were marked as Exts.A1 to A5. Ext.A1 is the copy of the estimate for Rs.87,240/- prepared and given by the opposite party. Ext.A2 is the copy of the Advocate Notice dated 27.07.2009 issued by the complainant to the opposite party. Ext.A3 is the postal receipt of Ext.A2. Ext.A4 is the acknowledgment card of Ext.A2. Ext.A5 is the certificate-dated 25.09.2009 issued by the Secretary, Thottappuzhassery Regional Co-operative Bank Ltd. No.R-595 showing that an amount of Rs.30,000/- was given to the opposite party from the account of the complainant’s wife vide 2 cheques. After closure of evidence, complainant was heard. 5. On a perusal of the proof affidavit and the exhibits, it is seen that the opposite party had undertaken the roofing works of the complainant’s residential building for Rs.87,240/- and the opposite party had collected an amount of Rs.30,000/- from the complainant as advance. It is alleged by the complainant that the opposite party had not completed the work after receiving an amount of Rs.30,000/- as advance and irrespective of the complainant’s request, and even after the issuance of Ext.A2 Advocate Notice. Nothing on record shows against the complainant’s case. Thus, the complainant’s case stands proved as unchallenged. In the circumstances, the complaint can be allowed as prayed for in the complaint. 6. In the result, this complaint is allowed, thereby the opposite party is directed to complete the roofing works undertaken by the opposite party within 15 days from the date of receipt of this order and to pay an amount of Rs.5,000/- (Rupees Five thousand only) as cost to the complainant, failing which the complainant is allowed to realise an amount of Rs.30,000/- (Rupees Thirty thousand only), the amount received by the opposite party as advance with 12% interest per annum from the date of filing of this complaint till the realisation of the whole amount along with cost of Rs.5,000/- (Rupees Five thousand only). Declared in the Open Forum on this the 30th day of January, 2009. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant : Nil. Exhibits marked on the side of the complainant: A1 : Copy of the estimate for Rs.87,240/- prepared and given by the opposite party. A2 : Copy of the Advocate Notice dated 27.07.2009 issued by the complainant to the opposite party. A3 : Postal receipt of Ext.A2 Advocate Notice. A4 : Acknowledgment card of Ext.A2 Advocate Notice. A5 : Certificate-dated 25.09.2009 issued by Secretarty, Thottappuzhassery Regional Co-operative Bank Ltd. No.R-599 Witness examined on the side of the opposite party : Nil. Exhibits marked on the side of the opposite party : Nil. (By Order) Senior Superintendent. Copy to:- (1) Thomas Varghese, Mulapponmannil House, Nedumprayar, Maramon P.O., Thottappuzhassery Village, Thiruvalla Taluk. (2) V. Anandan, Anand Engineering Works, Nedumprayar, Maramon P.O., Thottappuzhassery Village, Thiruvalla – 689 549. (3) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
