By Smt. PREETHI SIVARAMAN.C, MEMBER

1.Case of the complainant:-

        Complainant is a school teacher. For constructing a house, she had purchased an HBA  loan  from Kerala Government  and started  the house construction.    But due to the heavy rain and land sliding the partly constructed house was completely destroyed.  Hence complainant abandoned that construction and purchased another property at Vattappara , Manjeri and decided to construct another house in that property. 

2.          For shifting  the materials  like windows and  latarite  stones from the  partly constructed dilapidated house to her  newly  ongoing construction site, complainant  entered into  an oral agreement with opposite party  for an amount  Rs.30,000/-(Rupees Thirty thousand only), as per the advice of Mr. Sivadasan C.P, S/o Sankaran Nair, Ambadi House, Elankoor (PO), Malappuram Dt, who is the friend of complainant’s husband .

3.        As soon as the house was demolished at Cherani, complainant paid Rs. 10,000/-(Rupees Ten thousand only) to opposite party on 22/06/2021 and on 30/06/2021 complainant gave the balance amount of Rs. 20,000/-(Rupees Twenty thousand only) to opposite party. But after receiving the full amount, the remaining   red stones, iron windows and doors were not delivered to new construction site at Vattappara by opposite party. Thereafter opposite party even not taken the phone calls of complainant and her husband.  Due to the heavy rain the iron windows and doors had rust on it and it became useless. More over while detaching two iron windows from the surface of the wall, it became bent due to the careless handling of opposite party.  Due to the irresponsible attitude and deficiency of service from the side of opposite party, it caused a huge loss of Rs. 62,500/-(Rupees Sixty two thousand and five hundred only)  to complainant. 

4.        Then complainant entrusted this work to  one Mr. Abdul Aseez and with his help they  transported the  construction materials , doors and the windows from Cherani to Vattappara for an amount of Rs. 8,000/-(Rupees Eight thousand only).  Due to the act of opposite party complainant again lost Rs. 8,000/-(Rupees Eight thousand only).   Moreover due to the act of opposite party complainant was not able to start the construction of his new house at  Vattappara on time.   By the deficient act of opposite party complainant start the work only after rainy season.   Hence this complaint. There is clear deficiency of service from the side of opposite party .

5.        Claim of the complainant is that, she is entitled to get Rs. 62,500/- (Rupees Sixty two thousand and five hundred only) the cost of two huge iron windows, Rs. 8000/-(Rupees Eight thousand only) as the amount given by complainant to Mr. Abdul Aseez and Rs. 25,000/-(Rupees Twenty five thousand only) as compensation for the  mental agony and hardship suffered by her.

6.        On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.

7.           In order to substantiate the case of the complainant, she filed an affidavit in lieu  of  Chief  examination and  the documents she produced were marked as Ext.A1

to A3. Ext.A1 is the copy of whatsapp screen shots regarding the communication between complainant and opposite party (5 Nos).  Ext.A2 is the photocopy of the photographs of windows,   Ext.A3 is the Original receipt given by Abdul Assez to complainant for transporting the articles from Cherani to Vattappara for an amount of Rs. 8000/-(Rupees Eight thousand only).

8.       The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter.   Moreover complainant produced three documents which are very supportive to prove her case.   Complainant did not produce the bills to show the  purchase price of windows.  But  the photographs of  the windows  clearly  reveal  the present  condition  of that windows.  Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.

9.       Hence we allow the complaint as follows:-

1. The opposite party is directed to pay Rs.62,500/-(Rupees Sixty two thousand and five hundred only)  to the complainant as the cost of two iron windows.
2. Opposite party is directed to pay Rs. 8000/-(Rupees Eight thousand only) to complainant as the transportation charge she had given to Mr. Abdul Assez.
3. The opposite party is directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
4. The opposite party is also directed to pay Rs. 2,000/- (Rupees Two thousand only) as cost of the proceedings.

          If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.  

                           Dated this 6^th day of January , 2022