The complaint is in respect of construction in respect of both side windows using Fragile wood. The gist of complaints is as follows.
The complainant and her family started residence in their newly half built house on 29-05-2017. For making doors and windows of the house the Teak trees were available in the property of complainant. Therefore complainant engaged the opposite party who is her neighbour and doing wooden works , for construction of those windows for the complainant using the Teak trees standing in her property. The opposite party conceded for that and cut and a removed two large trees and two small
Teak trees from the property of complainant without the consent of complainant or her husband. Getting information the complainant’s husband rushed to the property and by that time the trees had been cut and loaded in the vehicle. Thus the complainant husband also accompanied the opposite party to the nearby Timber saw mill and on examination 26 wooden pieces of 30 years old teak trees were found. Then after four days the soft wood were set part as fire wood and the hard wood pieces were counted and ascertained. But the opposite party unloaded some pieces of fire wood in the property of complainant and others were taken away. When complainant suggested for executing an agreement, the opposite party told him that being neighbours no agreement was necessary. Complainant also paid Rs. 1000/-(Rupees One thousand only) as advance and that was recorded by opposite party in his book. Though the opposite party offered to finish the doors and windows within four or five days, he brought them only on one day prior to the occupation of the house. On examination of the doors and windows brought by opposite party , they got convinced that they were not made using the teak trees given by them to opposite party, on the other hand those articles were made of soft wood. More over those doors and windows were defective and within days they became useless. Though opposite party had offered to replace them, he did not do anything. On the other hand on 05-02- 2018, he came to the house of complainant in a drunken state and abused complainant and others . Though a complaint had been lodged before lodged the Police no action was taken by them. But complainant came to know that the doors and windows brought by opposite party were not made using the teak trees given to him by complainant but using some defective wood brought from somewhere else. Thus complainant sustained a loss of Rs. 4,00,000/-(Rupees Four lakh only). The complainant also claimed Rs. 50,000/-(Rupees Fifty thousand only) as compensation for mental agony and Rs. 4,50,000/-(Rupees Four lakh fifty thousand only) as financial loss sustained by him together with cost of the proceedings.
Opposite party filed version stating as follows. He denied entire allegations contained in the complaint. He alleged that in May 2017 the complainant requested for doors and windows for her house and for that purpose the trees standing in their property were offered. The cost of the work for making windows and doors was fixed at Rs. 20,000/- (Rupees Twenty thousand only) and the complainant brought the required wood to the work shop of the opposite party and using those wood windows and doors were made and for that complainant paid Rs. 20,000/-(Rupees Twenty thousand only) to opposite party. Even days before the occupation of their house, the finished doors and windows had been fitted in the house. This opposite party has never changed the wood pieces brought by complainant. The complainant also expressed her satisfaction when the doors and windows were fitted in the house. Complainant raised this allegation after one year of the said incident. At the time of fitting door and windows complainant and her husband were present . If any defects were caused to those windows and doors due to the negligence of complainant this opposite party will not be liable for that . This opposite party has never abused complainant and her family members consuming liquor . In December 2017 the husband of complainant had approached this opposite party and requested for Rs. 50,000/-(Rupees Fifty thousand only) and since there was no money the opposite party could not pay the same. Thus the complainant’s husband had ill feeling towards this opposite party. Moreover he had threatened the complainant to set fire to wood industry . Thus on 07-02-2018 this opposite party had lodged a complaint against the husband of complainant before Manjeri Police and Police had warned him. Thus for taking vengeance she filed this complaint with false allegations. Thus, complaint is to be dismissed.
The complainant and opposite party filed affidavits and Ext. B1 is marked on the side of opposite party. The points arise for consideration.
- Whether complainant was deceived by opposite party by taking away Teak trees from the property of complainant and giving doors and windows to complainant using defective wood as claimed.
- Whether complainant is entitled to compensation as claimed.
- Reliefs and cost.
Point No.1 an2
In this case admittedlyfor the newly built house of complainant,the opposite partyprovided wooden doors and windows.Complainant asserted thatfor making thosewindows and doors four teak treeshad been cut and removed from her properties by opposite party.According to opposite party,he has not taken teak trees
from the property of complainant, on the other hand complainant broughtpieces of woodto the wood industry of opposite party for making doors and windows and using thosewooden piecesdoors and windows were made and they were fitted to the house of complainant.Complainant asserted thatthe doors and windows provided by opposite partywere made ofsoft wood and defectiveandwithin a short period those doors and windows became useless.Apart fromthis allegationsnoevidence is adduced by complainantto prove thatthe doors and windowsprovided by opposite party were defective ormade of soft wood.No reason is also stated by complainant for not taking out a commissionto prove the nature ofdoors and windows provided byopposite party.Thereforeonly on mere allegations contained in the complaintwhich arerefuted by opposite party, we cannot come to the conclusion that those allegations aregenuine.The opposite party alleged thatthe husband of complainantcame to the work shop of the opposite party on one dayand abused himand threatened toset fire the workshop of opposite party andin respect of that incident opposite party lodged a complaint before police andthe husband of complainant was warned by the Police. Ext.B1 is the complaintlodged by opposite party andthe acknowledgement receipt issued from Manjeri Police station.This allegation and those documents arenot denied by complainantin the affidavit.Thus on analysis ofthe entire circumstancesand rival claims we come to the conclusion that the complainant could not prove her claim satisfactorily.Thereforewe cannotorder compensationin this case. Point is decided accordingly.
Point No.3
On the basis of findings on the above points , we are constrained to dismiss the complaint.
Dated this 31st day of December , 2018
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Nil
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1
Ext.B1 : Acknowledgement Receipt of petition dated 11-02-2018.
