Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
30th day of November 2022
CC 185/18 filed on 11/04/18
Complainant : C.M.Vincent, Chazhoor House, Near Kuttachira Bridge,
Peringavu, Thrissur- 680 008.
(By Adv. A.D.Benny, Thrissur)
Opposite Party : Anto.T.L, Electrical Contractor, Thaliyaparambil House,
Varantharappilly.P.O, Thrissur.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The Opposite party undertook the electric and plumbing work of the house of the complaint vide an agreement at a rate of Rs.185/- per square feet. An area of 5825 square feet is to be worked and the same was completed on 08/03/17. Thereafter repeated defects were appeared and the requests for service were not properly attended by the opposite party. 20 days time was taken to repair a calling bell and the complainant has to spend Rs.1,000/- more to replace the electric wire. The drainage pipes were not properly working for which an amount of Rs.5,000/- spent by the complainant. All the materials used were of low quality and recitals regarding the use of branded fitting materials were not followed by the opposite party causing a loss of Rs.1,00,000/- to the complaint. The wiring cables are also used violating the terms of the agreement and the used cables are of inferior quality causing a loss of Rs.20,000/-. Low quality power switches and fittings were used causing loss of Rs.1,50,000/-. Steel plumbing materials are used instead of Brass, caused loss of Rs.10,000/-. Local water taps of inferior quality are used in bathroom causing damage and loss of Rs.1,20,000/-. The washbasin installed of Rs.1000/- and low quality bathroom fittings were also used against violation the specific terms of agreement causing loss of Rs.10,000/-. So he caused a lawyer notice dated 27/02/18 to the opposite party, but was in vain. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Exts. A1 to A3. Ext. A1 is the copy of Quotation dtd. 11/09/15 issued by the opposite party. Ext. A2 is the copy of Lawyer notice dtd.27/02/18 sent by the complainant. Ext. A3 is the Postal A/D Card.
4) We have gone through the pleadings and documents produced by the complainant. Ext. A1 to A3 proves the work done by the complainant. Ext. C1 Expert Report categorically stated the defect of the work. Hence the complainant established their case. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result, the complaint is allowed and hereby direct the opposite party to pay Rs.4,16,000/- (Rupees Four lakh sixteen thousand only) with 9% interest p.a. from the date of the complaint i.e. 11/04/18 and pay Rs.10,000/- (Rupees Ten thousand only), as compensation and Rs.5,000/- (Rupees Five thousand only) as cost within one month from the date of receipt of a copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 copy of Quotation dtd. 11/09/15 issued by the opposite party.
Ext. A2 copy of Lawyer notice dtd.27/02/18 sent by the complainant.
Ext. A3 Postal A/D Card.
Id/-
Member
