Complaint filed on: 23-03-2019

                                                      Disposed on: 13-10-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.68/2019

DATED THIS THE 13^th DAY OF OCTOBER, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainants: -

1. Vishal Gupta

S/o Vinod Shankar Gupta,

43 years

2. Sowmya Gupta

W/o Vishal Gupta,

40 years

R/at House No.10,

1^st Block, 7^th Main Road,

5^th Cross, Kuvempu Nagar,

Tumakuru      

(By Sri.P.V.Vinay, M.S.V.Law Associates Advocates)

V/s

Opposite parties:-    

1. Aravinda S/o Palani,

25 years, Fabrication work,

Allwin S.S. Industries

Co-Owner,

Present address:

N.37, 1^st Main road,

Behind Chaitanya School,

Antharasanahalli, 

Tumakuru

2. Naveen S/o Palani,

30 years, Owner

3. R.K.Nadan S/o Lurdanadan

37 years, Fabrication work,

Allwin S.S. Industries

Co-owner

Office Address: #3133, Madhugiri Road,

Near G.R.R. Petrol Bunk,

Antharasanahalli, Tumakuru district,

Factory Address: #22/1, Antharasanahalli Industrial Estate, Tumakuru district 

(OP No.1 and 2- Exparte)

(OP No3-By Sri.H.K.Krishna, Advocate)

       ORDER

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 12 of the Consumer Protection Act, 1986 to direct the OP Nos.1 to 3 to refund of Rs.1,50,000-00 paid for fabrication work, Rs.1,00,000-00 as compensation for physical and mental torture and litigation cost.

2. The complainant no.1 is the husband of complainant no.2 and they were constructing residential house at Kuvempu nagar, Tumakuru city. The complainant no.1 is the owner of said house. The OP Nos.1 to 3 are the owners of Allwin S.S. Industries and they are doing fabrication work. The OP Nos.1 to 3 have agreed to prepare grill work, window frame and sajja work of complainants house and agreed to attend the fabrication work on 23-5-2017 at the rate of Rs.140 per kilogram and total fabrication work amount is Rs.2,10,000-00. The complainants have paid Rs.1,50,000-00 out of agreed amount on different dates through cheque dated 19-6-2017 for Rs.80,000-00 and remaining amount through net banking. The OPs have attended the part of fabrication work. Thereafter, the OPs have failed to complete the fabrication work hence, the complainants have approached the New Extension Police Station, Tumakuru. The OPs have undertaken to complete the remaining fabrication work on or before 15-4-2018 and executed under taking bond on 16-3-2018 before the Police. Thereafter, the OPs have failed to complete the work hence, this complaint.

3. The OP No.3 in response to notice appeared through his learned counsel and filed written version denying the averments made in the complaint that he is co-owner of Allwin S.S. Industries and agreed to attend the fabrication work of complainants. The OP No.3 further denied that he and OP Nos.1 and 2 have received Rs.1,50,000-00 out of the agreed amount of Rs.2,10,000-00. It is the case of OP No.3 that he is no way concerned to Allwin S.S. Industries. However, the OP No.3 stated that he came to know the OP Nos.1 and 2 during his visits to Tumakuru on different works and on one such occasion of the visit to Tumakuru he had been called by the OP Nos.1 and 2 to police station and then he was falsely implicated in their case. On the above grounds, the OP No.3 asked to dismiss the complaint.

4. The OP Nos.1 and 2 despite the service of notice through paper publication have failed to appear hence, they are set exparte.

          5. The complainant No.1 has filed his affidavit evidence and produced six documents in support of their case. The OP No.3 in spite of opportunity given did not care to file affidavit evidence and thereafter OP No.3 and his learned counsel were remained absent.

          6. We have heard the oral arguments advanced by the learned counsel for the complainants and the points that would arise for determination are as under:

1)      Whether the complainants prove the deficiency in service on the part of OPs?

2)      Are complainants entitled to reliefs sought

for?  

7. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative; 

Point No.2: In the partly affirmative

for the below;

REASONS

          8. Point No.1 and 2: The learned counsel for the complainants have submitted that the OPs in spite of their requests and under taking given before the police have failed to complete the fabrication work. The complainants have produced original quotation dated 23-5-2017 issued on behalf of Allwin S.S. Industries to the complainant no.1 for 1500 kgs fabrication work at the rate of Rs.140 per kg. Further on the said quotation the OPs have made endorsement for receiving Rs.80,000-00 as advance through cheque no.000084 dated 19-6-2017. The complainants have produced Kotak Mahindra Bank account statement and this indicates that on 20-6-2017 a sum of Rs.80,000-000 debit has been made to Allwin S.S. Industries. The complainants have produced two Interbank-NEFT transfer Credit letters dated 27-11-2017 and 4-12-2017 for crediting Rs.20,000-00 and Rs.50,000-00 to the account of Allwin S.S. Industries maintained in the Karur Vysya Bank. These documents prove that the complainants have paid Rs.1,50,000-00 to the OPs as advance for fabrication work out of agreed amount of Rs.2,10,000-00.

          9. The complainants have produced the copy of complaint filed before the Police Sub Inspector, New Extension Police Station, Tumakuru on 16-3-2018 against the OPs for incomplete fabrication work even after receipt of Rs.1,50,000-00. The OP No.3 has given statement before the New Extension Police Station, Tumakuru on 16-3-2018 stating that the OP Nos.1 and 2 are his cousin and all the three have agreed to attend the fabrication work of complainants. The OP No.3 has agreed to complete the remaining fabrication work on or before 15-4-2018. The OP No.3 in the written version also admitted that he had been to New Extension Police Station, Tumakuru and given statement before the police. If the OP No.3 is no way concerned to Allwin S.S. Industries and OP Nos.1 and 2 he had no occasion to meet the OP Nos.1 and 2 and visit the New Extension Police Station, Tumakuru. This shows that the OP Nos.1 to 3 are co-owners of Allwin S.S. Industries.

          10. The complainant no.2 Smt.Soumya Gupta wife of complainant No.1 in the complaint lodged before New Extension Policy Station, Tumakuru stated that out of the advance amount of Rs.1,50,000-00 the OPs have completed Rs.80,000-00 iron fabrication work. The OPs have failed to return the remaining amount or complete the remained fabrication work. The statement of account produced by complainant no.2 given before the police dated 16-3-2018 shows that the OPs have attended the part of fabrication to extent of Rs.80,000-00. The OPs ought to have complete the remaining fabrication work worth of Rs.70,000-00 out of the received advance amount. Therefore, the OP Nos.1 t o 3 shall jointly and severally liable to return Rs.70,000-00 to the complainants

          11. The complainants have asked Rs.1,00,000-00 as compensation towards physical and mental torture. The documents produced by the complainants indicate that the OPs in spite of repeated requests did not care to finish the remaining fabrication despite approaching New Extension Police Station, Tumakuru. The complainants without any other alternative have got finished the remaining fabrication work with the help of others. It shows that the complainants Nos.1 and 2 have suffered physical and mental torture due to deficiency of service on the part of OPs. The OPs shall compensate to the complainant No.1 and 2 by paying Rs.40,000-00 as compensation towards their physical and mental torture. That apart the OPs shall pay litigation cost of Rs.10,000-00 to the complainant nos.1 and 2. For the above reasons, we proceed to pass the following;

ORDER

The complaint is partly allowed directing the OP Nos.1 to 3 jointly and severally liable to pay a sum of Rs.70,000-00 to the complainant Nos.1 and 2 within 30 days from the date of order. In case the OPs have failed to comply within 30 days it carries interest @ 8% p.a. from 1-12-2017 till the date of payment.

It is further ordered that the OP Nos.1 to 3 shall pay compensation of Rs.40,000-00 and Rs.10,000-00 as litigation cost to the complainant Nos.1 and 2 within 30 days from the date of order. Otherwise it carries interest @ 8% p.a. from the date of filing complaint till the date of payment.

Furnish the copy of order to the complainants and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 13^th day of October, 2021).

LADY MEMBER            MEMBER                       PRESIDENT