SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to  pay Rs.2,50,000/- as compensation for mental agony caused to the complainant and to pay the value of  plywood and cost of litigation to the complainant  for the  deficiency of service and unfair trade practice on the part of OP.

  The brief of the complaint :

   The complainant had purchased  10 marine plywood sheet from OP’s  A.K.Plywood shop on 13/9/2018 for  an amount of Rs.29.120/- for the construction of modular kitchen in his house.  At the time of  purchasing  the plywood the OP assured that the material having 1^st quality   BWP ISI seal, 710 Gargen water proof and life time warranty also.  The complainant had purchased the product only on believing the advertisement  and assurance of OP that the product is free from all defects and will be provided the effective and speedy  after sale service.  After purchasing the product and paid the amount the complainant demanded the  OP for issuing the original bill.  But the OP states that no need for original bill if there is any problem arise he will solve the problem and he  issued a handwritten slip to the  complainant also.  Thereafter the complainant installed modular kitchen in his house for using the  OP’s ply wood and other materials like maikka, paint Granite accessories and labourers  charges etc given to other workers.  The complainant  incurred Rs.2,50,000/-as total expenses.  But within 11 months after the construction of  modular kitchen the modular kitchen became defective and all the ply woods were  ruined.  The complainant lost a total amount of Rs.2,50,000/- as this work only.  Then the complainant informed the matter to OP and  the OP visited the complainant’s house and he realized the real fact.  Thereafter the OP send Rs.5,000/- to  complainant through google pay.  After receiving the amount complainant states that he incurred total expense of Rs.2,50,000/- to the  modular kitchen work.  He needs some more amount as compensation for the defective ply wood sold to the complainant by the OP.  So many times he contacted the OP for payment.  Thereafter the complainant send a registered notice to OP.  The OP received the notice and neither send a reply nor paid the amount to complainant. The act of OP the complainant caused much mental agony and  financial loss. So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice  issued to  OP . After receiving the notice OP not appeared before the commission and not filed  version .  The commission had to  hold that the OP has  no  version as such  this case came to be proceed against the  OP  is set  exparte.

    Even though the OP has remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce his affidavit along with 4 documents marking  as Exts.A1 to A4.   The complainant  was examined as PW1.   So the OP remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents.  The complainant had purchased  10 marine ply wood sheet on 13/9/2018 and he paid Rs.29,120/- to OP and the OP issued a handwritten receipt to complainant, ie, marked as Ext.A1.  In Ext.A2 , the registered notice issued to OP by the complainant dtd.4/9/2023.  Ext.A3 is the postal receipt and Ext.A4 is the acknowledgment card.  So it is clear that the complainant had purchased the  10 marine ply wood sheet from OP for installing a modular kitchen of the complainant.  But within 11 months after installation of the modular kitchen became defective and the complainant lost Rs.2,50,000/- for his work.  But the OP paid only Rs.5,000/- through google pay of complainant’s bank account.  So the   OP is directly  bound to redressal  the grievance caused to the complainant.  Therefore  we hold that  the OP is liable to refund Rs.24,120/-(Rs.29120-5000)  to the complainant along with Rs.10000/-  as compensation for mental agony caused to the complainant and Rs.3,000/- as litigation cost.

            In the result, the complaint is allowed in part directing  the opposite party  to refund Rs.24,120/-(Rs.29120-5000)  to the complainant along with Rs.10000/-  as compensation for mental agony caused to the complainant and Rs.3,000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.24,120/- carries interest@ 12% per annum  from the date of order till realization.  Failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- Receipt

A2- Registered notice

A3- Postal receipt

A4- acknowledgment card.

PW1-Thajudeen.P.K-complainant

Sd/                                                             Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                      MEMBER

Ravi Susha                                       Molykutty Mathew                                Sajeesh K.P

eva                                              

                                                                            /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR