DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 28th day of July 2011
Present : Smt. Preetha G Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 07/01/2011
(C.C.No.5/2011)
M.A.Radhakrishna Gupthan,
(Senior Citizen)
Pensioner,
S/o.Late Krishna Gupthan,
’Panchami’, Kadampazhipuram,
Ottapalam Taluk,
Palakkad – 679 111 - Complainant
(By Adv.P.Krishnakumar)
V/s
Veerankutty,
S/o.Kunju,
Proprietor of gate & grill workshop,
Opposite Punjab National Bank,
Kadampazhipuram, Ottapalam Taluk
Residing at
Punnassery House,
Vettekkara Post,
Kadampazhipuram,
Ottapalam Taluk, Palakkad – 679 111. - Opposite parties
(By Adv.Ullas Sudhakaran)
O R D E R
By Smt.PREETHA G NAIR, MEMBER
The case of the complainant is that opposite party is doing the industrial work of gate and grills and he is known from the complainant from childhood days. Complainant entrusted the work of making an iron gate for his house at Kadampazhipuram. The order for the work was placed by the complainant on 8/4/2009. It was agreed by the opposite party that the work will be completed on or before 30/4/2009 and bring the gate to the house of the complainant and fix at opposite party’s cost. But contrary to the terms of the agreement, the opposite party had failed in completing his work in time. Then he approached the complainant and sought time for completing the work. The total amount fixed for the work was Rs.8,000/- and towards that a sum of Rs.1,500/- was given as advance amount in the presence of two witnesses M.P.Premachandran and Sunil Ambat. Though the complainant had approached opposite party several times requesting to complete the work and install the same but the opposite party turned a deaf ear to the legitimate demand of the complainant and hence he was constrained to engage another gate worker to complete the gate work and fixed the same. Thereafter complainant again approached opposite party requesting to give back the advance amount paid him but that also fetched no result. The acts of opposite party amounts mental agony to the complainant. Opposite party being the responsible person for that, is bound to compensate the same. There was no written agreement for the contract. Opposite party did not give any satisfactory reply and the complainant sent a lawyer notice on 23/9/2009. The opposite party caused a reply notice to be sent to the complainant stating false and baseless contentions. Hence the complainant prays an order directing the opposite party to pay a sum of Rs.5,000/- with interest at the rate of 12% per annum from 8/4/2009 till the date of realization of the amount alongwith cost of the proceedings.
Opposite party filed version stating the following contentions. It is not correct to stated that the total consideration was fixed as Rs.8,000/- and an amount of Rs.1500/- was given as advance amount in the presence of witnesses M.P.Premachandran and Sunil Ambat. It is true that the complainant had entrusted the work of fabrication of entrance gate for his residential house with the opposite party and the complainant had paid an advance amount of Rs.1500/- to the opposite party. In fact the total consideration agreed to be paid by complainant was at a rate of Rs.65/- per kilogram after completing the fabrication work and weighing the gate on completion and did not include transportation charges and fixing charges as claimed by the complainant. The opposite party had completed the fabrication work of gate entrusted by the complainant within the stipulated period and had asked the complainant to come to opposite party’s workshop for weighing the gate in his presence and for calculating the balance amount payable based on the gross weight. The complainant did not turn up even after repeated requests made by the opposite party. The complainant was not willing to pay the balance amount and take the gate fabricated by the opposite party as per his directions. The work was entrusted during April 2010 and the same was completed on time. The opposite party had send reply notice dated 5/10/2009 stating that the gate is ready. Inspite of that the complainant failed to take delivery and filed this belated complaint dated 6/1/11 to harass the opposite party. Hence the opposite party prayed that dismiss the complaint and directing the complainant to pay cost of the opposite party.
Both parties filed affidavit. Complainant filed documents. Ext.A1 series and Ext.A2 marked. No documents on the side of opposite party . Both parties filed argument notes.
Issues to be considered are
Whether there is any deficiency in service on the part of opposite party ?
If so, what is the relief and cost entitled to the complainant ?
Issue I & II
Admittedly the complainant had entrusted the work of fabrication of entrance gate for his residential house with opposite party and paid an advance amount of Rs.1500/- to the opposite party. In Ext.A2 reply notice the opposite party admitted that the complainant had paid an advance amount of Rs.1500/- towards the total consideration. Complainant stated that there was no written agreement for the contract. The opposite party stated that the work was entrusted during April 2010 and the same was completed on time. No evidence was produced by the opposite party to prove that the work was completed on time. The complainant stated that the opposite party had failed in completing his work in time and approached the complainant to sought time for completing the work. No contradictory evidence was produced by the opposite party. Complainant stated that opposite party is known for complainant from childhood days and he entrusted the work of making an iron gate for his house. So there was no written agreement for the completion of iron gate. No evidence was produced by the opposite party to show that any loss suffered to him for the complainant has not taken the gate. The complainant stated that he had approached opposite party several times requesting to complete the work. Thereafter the complainant has engaged another gate worker to complete the gate work and fixed the same.
In the above discussions, we are of the view that there is deficiency in service on the part of opposite party. In the result the complaint is allowed. We direct the opposite party to pay Rs.2,000/-(Rupees Two thousand only) as compensation for mental agony and pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 28th day of July 2011.
Sd/- Smt. Preetha G Nair
Member
Sd/-
Smt. Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 series – Copy of lawyer notice sent to opposite party 22/09/09
alongwith post acknowledgment card and receipt.
Ext.A2 – Reply to lawyer notice dated 5/10/09 sent by opposite party
advocate to the complainant
Exhibits marked on the side of the opposite parties
Nil
Cost Allowed
Rs.1,000/- allowed as cost of the proceedings
