30th day of June 2022
CC 81/21 filed on 26/02/21
Complainants : 1) Anoop, S/o Omanakuttan, Kaipoth House,
Nandipulam P.O., Attappilly Desom,
Varantharappilly, Chalakkudy Taluk,
Thrissur – 680 312.
2) Varsha Anoop, W/o Anoop, Kaipoth House,
Nandipulam P.O., Attappilly Desom,
Varantharappilly, Chalakkudy Taluk,
Thrissur – 680 312.
(By Advs. Asha Francis & Soumya T.G., Thrissur)
Opposite Parties : 1) Glaze India Aluminium Fabrication Works,
Varantharappilly P.O., Mukundapuram Taluk,
Thrissur – 680 303.
2) Proprietor, Glaze India, Biju John, S/o John,
Vachakkulam House, Varantharappilly P.O.,
Mukundapuram Taluk, Thrissur – 680 303.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
The complainants approached the opposite parties to carry out Aluminium Fabrication work and paid advance money in the month of February 2019. Various amounts were paid directly and through Bank Account of the opposite parties. The work has been completed on 15/07/2019 and entire A/cs were settled. After two months the doors turned defective and separated from its attachment. Immediately defects were intimated to the opposite parties and he ensured its repair but never done it. Since the act of the opposite parties amounts to deficiency in service and same caused high mental agony and loss to the complainant, he caused a lawyer notice which were received by the opposite parties and which were not acted up on or replied by the opposite parties. Hence this complaint.
2) On receiving the complaint notice issued to both the opposite parties. But they neither appeared before the Commission nor submitted any version. Hence opposite parties called absent and set ex-parte.
3) From the side of the complainant he has appeared before the Commission and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. The documents produced are marked as Exts. A1 to A5. Ext. A1 is the Photographs showing the defects of aluminium fabrication work done by the opposite party in complainant’s house (7 Nos.). Ext. A2 is the visiting card of 2nd opposite party. Ext. A3 is the lawyer notices with postal receipts dtd.12/03/20 & dtd.14/10/20 respectively sent by the complainant to the opposite parties. Ext. A4 is the Postal A/D cards (2 Nos.). Ext. A5 is the Statement of Account of the complainant from 30/03/19 to 30/03/19 issued by South Indian Bank. An Expert Commissioner was appointed and his report was marked Ext. C1.
Points :
We considered the pleadings and documents. Ext. A1 to A5 and C1 marked. Ext. C1 report categorically states the defect of the Aluminium fabrication work Ext. A5 Bank statement proves the payment to opposite party. As there is no contra evidence available before us we are inclined to allow this complaint.
In the result complaint is allowed and hereby direct opposite parties to pay Rs.1,55,000/- (Rupees One lakh fifty five thousand only) to the complainant with 9% interest from the date of this order and further directed to pay cost of Rs.2,500/- (Rupees Two thousand five hundred only) to complainant within one month from the date of receipt of 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 June 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Photographs showing the defects of aluminium fabrication work done
by the opposite party in complainant’s house (7 Nos.)
Ext. A2 visiting card of 2nd opposite party
Ext. A3 lawyer notices with postal receipts dtd.12/03/20 & dtd.14/10/20
respectively sent by the complainant to the opposite parties
Ext. A4 Postal A/D cards (2 Nos.)
Ext. A5 Statement of Account of the complainant from 30/03/19 to 30/03/19
issued by South Indian Bank.
Ext. C1 Expert Commissioner’s Report
Id/-
Member
