By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant started the construction of his residential building in the year 2017 and finished all the works on July 2019. Opposite parties approached the complainant expressing themselves as a very reputed concern with experience in the field of interior designing and offering a very perfect attractive service by the time bound terms without any compromise and the period of completion to be completed and quality of materials used for the work. Complainant entrusted the work to opposite parties with a condition to finish the work within 45 days from 18/07/2019 for an amount of Rs. 13,75,000/-(Rupees Thirteen lakh and seventy five thousand only) for the purpose to convene the marriage of his granddaughter at the said house on 15/01/2020. As agreed complainant paid total sum of Rs. 5,65,000/- (Rupees Five lakh and sixty five thousand only) as instalment towards the work through cheques and opposite parties started their work on 08/07/2019. On 2/08/2019 complainant and opposite parties executed an written agreement narrating all the terms and details of the work with effect from 08/07/2019 onwards.
2. As per the terms of the work complainant paid a total amount of Rs. 10,50,000/-(Rupees Ten lakh and fifty thousand only) to opposite parties. But opposite parties refused to complete the work even after 45 days the stipulated period. Due to the deficient attitude adopted by the opposite parties, complainant convened the marriage of his granddaughter in a rented auditorium at Ramanattukara and thereby complied to shell out a huge amount by way of rent , transportation and other arrangements. In addition to this, complainant suffered mental agony in connection with shifting of the venue of his granddaughter’s marriage to rented premises, which he expected to conduct it in very lavishly at the newly constructed house. Complainant approached the opposite parties on various occasions to finish the remaining work, but the opposite parties didn’t turn up. Complainant completed almost all the work by availing service of other parties and by purchasing requisite materials.
3. On 04/02/2020 complainant sent a legal notice to opposite parties demanding the completion of the remaining works within a period of seven days and to pay Rs. 8,00,000/- (Rupees Eight lakh only) towards compensation for the inconvenience and mental agony caused. The Postal authorities duly served the notice on 10/02/2020 and were received by the opposite parties but none among the opposite parties ever turned up. The act of opposite parties amounts to gross deficiency by refusal to complete the work as agreed by receiving a huge amount from the complainant. As a service provider opposite parties are responsible to complete the offered work promptly with perfection and his liable for all damages caused in connection with the failure to discharge of their obligation. Hence this complaint.
4. Claim of the complainant is that he is entitled to get Rs. 8,00,000/-(Rupees Eight lakh only) as compensation towards the loss incurred for shifting the venue of the marriage of his granddaughter, Rs.4,00,000/-(Rupees Four lakh only) as cost incurred to finish almost all the remaining works and towards additional financial burden caused Rs. 8,00,000/-(Rupees Eight lakh only) as compensation for the mental agony and hardship suffered by the complainant due to the non-honouring of the claim and to pay the above the said amount with 12% interest from 17/02/2020 onwards till payment.
5. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to
A4. Ext.A1 is the copy Agreement dated 08/07/2019 executed between complainant and the opposite parties regarding the furnishing of the house of the complainant, Ext.A2 is the copy of the Legal notice dated 4/02/2020 issued by the complainant through his counsel to opposite parties, Ext.A3 is the Acknowledgement card dated 10/02/2020 issued by Department of Post signed by Shameer Marakkar. Ext.A4 is the Acknowledgment card dated 10/02/2020 issued by Department of Post signed by Ramshad Manthony, the second opposite party acknowledging the legal notice.
7. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint.
8. Hence we allow this complaint holding that opposite parties are deficient in service.
- The opposite parties are directed to pay Rs.5,00,000/-(Rupees Five lakh only ) to complainant for the non completion of work as agreed by both parties and for the non compliance of Ext. A1 Agreement by opposite parties.
- The opposite parties are also directed to pay compensation of Rs.1,00,000/-(Rupees One lakh only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs. 5,000/-(Rupees Five 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 parties are 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 17th day of January, 2022.
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : Copy Agreement dated 08/07/2019 executed between complainant and the
opposite parties regarding the furnishing of the house of the complainant.
Ext.A2 : Copy of the legal notice dated 4/02/2020 issued by the complainant
through his counsel to opposite parties.
Ext.A3 : Acknowledgement card dated 10/02/2020 issued by Department of Post
signed by Shameer Marakkar.
Ext.A4 : Acknowledgment card dated 10/02/2020 issued by Department of Post
igned by Ramshad Manthony, the second opposite party acknowledging the
legal notice.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
