D.O.F:14/09/2020
D.O.O:10/05/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.116/2020
Dated this, the 10th day of May 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Haneef M.A aged 38 years
S/o M.H Abdulla Kunhi
Masthikund (House), Kettumkal
Muliyar Village and Post
Kasaragod Taluk and District -671542
Rep: through his agent
Mr. M.H Abdulla Kunhi aged 65 years
S/o M. Hussain Kunhi Haji :Complainant
Masthikund (House), Kettumkal
Muliyar Village and Post
Kasaragod Taluk and District -671542
(Adv: K.K. Mohammed shafi)
And
Mr. Prajith
The Proprietor
M R Doors, Near Surgicare Hospital
Bus stand, Kanhangad, Kasaragod District : Opposite Party
Pin- 671315
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case of the complainant is that the complainant Hanif was constructing a house at Kettumkal in Muliyar village. For the construction of house he booked 8 teak doors from Opposite Party, on seeing his advertisement on 26/09/2019. The total amount for the above eight doors is fixed at Rs. 58,700/- and the Opposite Party collected an amount of Rs. 25,000/- being an advance amount. At the time of booking, the opposite Party informed that the doors will be supplied within 15 days. The opposite Party has not in the habit of attending the phone calls of the complainant. Due to the irresponsible act of Opposite Party the house finishing work of the complainant delayed. Thereafter the complainant informed Opposite Party that the housewarming date is fixed on 15/11/2019. On knowing the housewarming date Opposite Party agreed to supply the doors on or before 09/11/2019. But thereafter also he was not attending complainants phone calls. On 09/11/2019 Opposite Party informed the complainant that an amount of Rs. 10,000/- is needed for him to bring the doors in the work site. The Complainant paid the aforesaid amount on 09/11/2019. On the next day the complainant and his father attempted to contact the Opposite Party several times but ended in vein. Hence complaint was constrained to postpone the housewarming date. Thereafter also Opposite Party continued his irresponsible attitude. The Complainant constrained to postpone the housewarming date to several other dates. Complainant is having avocation at abroad. He was constrained to postpone his journey to abroad several times due to the latches on the part of opposite party. The complainant received warning information of dismissal from his job which caused severe mental stress to the complainant. Finally the complainant fixed his housewarming date on 07/03/2020 and purchased booked items from another dealer and he was constrained to leave to abroad on 13/03/2020. The complainant suffered acute mental agony and loss due to the negligence on the part of Opposite Party. The complainant caused to send a lawyer notice to Opposite Party. Though he received the notice he has not turned up. Due to the deficiency in service on the part of Opposite Party complainant suffered untold miseries, tensions and financial loss. Which is estimated to the tune of Rs. 2 lakhs. Opposite Party is liable to refund the advance amount collected from complainant also. Hence the complaint for necessary redressal
Notice to Opposite Party served but he did not turn up, name called absent set exparte
The complainant filed proof affidavit in lieu chief examinationExtA1 marked
The main issues raised for consideration are
- Whether there is deficiency in service on the part of Opposite Party?
- Whether the complainant is entitled for relief ?
- If so what is the relief?
For convenience all issues can be discussed together
The complainant booked 8 teak doors from opposite party for his newly constructing house for Rs 58,800/ and an advance amount of Rs 25000/ is given on 26/09/2019..The opposite party failed to supply the ordered items in time as agreed earlier. Moreover opposite party has not in the habit of attending the phone calls of the complainant..House finishing work of the complainant is delayed due to non availability of booked materials in time. The complainant was constrained to postpone the housewarming dates on several times due to the irresponsible attitude of opposite party. At last he received warning information of dismissal from job and there for he had to arranged the booked items from another person and conducted the housewarming ceremony on 07/03/2020. Before leaving to abroad on13/03/2020, The complainant caused to send a lawyer notice to opposite party, through he received the notice he has not turned up.
Considering the facts and circumstance of the case and in the absence of rebuttal evidence ExtA1 to A4 proves that the opposite party has committed deficiency in service and unfair trade practice to the complainant .The opposite party is liable to compensate the loss and agony undergone by the complainant.
Ext A1 is the true copy of the bill issued by opposite party to the complainant on 26/09/ 2019, Ext A2 is the lawyer notice issued by the complainant to opposite party on 18/12/2019, Ext A3 is the postal receipt, Ext A4 is the letter issued by superintendent of post office along with the delivery manifest dated 20/07/ 2020.
Therefore the complaint is allowed directing the opposite party to refund the advance amount of Rs. 35000/- (Rupees Thirty five thousand only) with a compensation of Rs 50,000/- (Rupees Fifty thousand only) along with cost of Rs 3000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Copy of the bill
A2- Lawyer notice
A3- Postal receipt
A4- A letter Dt: 20/07/2000
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
