DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 20TH DAY OF FEBRUARY, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 29.09.2023.
CC/260/2023
T.Anil Kumar, S/o. Damodaran, - Complainant
Thottassery House,
Kavalamukkattu P.O-679 332,
Represented by
Anoop M.G, P.A Holder,
S/o. Gopi.M,
Moochikkal House,
Akalur P.O, Ottappalam Taluk,
Palakkad-678 582..
(Party-In-Person)
Vs
Shaji K. Jose, -Opposite Party
Kanjirathinkal House,
Shaji K. Niwas,
Nedupuzha P.O,
Thrissur-680 007.
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
The complainant entrusted the work of installing UPVC Glass window in his newly built house to the opposite party. An agreement was executed and Rs.15,000/- was given as advance and Rs.37,000/- was paid towards the cost of the glass. But the opposite party did not do any work as promised in spite of repeated contacts made by the complainant. Hence, this complaint is filed seeking Rs.1,50,000/- as compensation.
2. Notice issued to the opposite party got returned with endorsement “Not claimed”. Hence, the opposite party’s name was called in the open court and was set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A4 as evidence. Ext.A1 is the power of attorney executed by Sr. Anil Kumar (complainant) in favour of Sri. Anoop (power of attorney holder), Ext.A2 is the quotation for UPVC works issued by the M/s. UPVC consultancy, Ext.A3, the screenshot of the payments made (Rs.15,000+35,000+2,000) by the complainant to the opposite party and Ext.A4 is the screenshot of various whatsaap messages between the complainant and the opposite party.
4. In the absence of any counter pleadings from the side of the opposite party, the complainant has to establish only a prima facie case against the opposite party. From the evidences adduced (Ext.A3) as above, the complainant has paid Rs.52,000/- for the work to be executed in the house of the complainant. Further from the conversations (Ext.A4), it is quite clear that the opposite party has not undertaken any work in spite of collecting Rs.52,000/- as advance. Not delivering any service after collecting payment amounts to deficiency in service or unfair trade practice from the part of the opposite party.
5. Resultantly, the complaint is allowed ordering the following reliefs;
1. The opposite party is directed to refund the advance amount of Rs.52,000/- along with the interest @10% p.a. from 13.07.2023, till the date of final payment.
2. The opposite party is also liable to pay Rs.25,000/- as compensation for deficiency in service and resultant mental agony.
3. The opposite party is also directed to pay Rs.10,000/- as cost of litigation. Pronounced in open court on this the 20th day of February, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N .K, MEMBER.
APPENDIX
DOCUMENTS MARKED FROM THE SIDE OF THE COMPLAINANT:
EXT.A1: The power of attorney executed by Sr. Anil Kumar (complainant) in favour of Sri. Anoop (power of attorney holder).
EXT.A2: The quotation for UPVC works issued by the M/s. UPVC consultancy
EXT.A3: The screenshot of the payments made (Rs.15,000+35,000+2,000) by the complainant to the opposite party.
EXT.A4(series): The screenshot of various whatsaap messages between the complainant and the opposite party
Cost : 10,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded sout.
