Kerala

Wayanad

CC/28/2022

Aboobacker Keloth, S/o Kunhavulla Haji, Aged 57 Yearss, Keloth House, Pachilakkad (PO), Kaniyambetta, Pin:673122 - Complainant(s)

Versus

Soubagya.S, Proprietor,Alka Interiors, Love Birds Industries, Kundala (PO), Pin:670645 - Opp.Party(s)

Adv. Prasanth K.D

20 Jul 2022

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/28/2022
( Date of Filing : 31 Jan 2022 )
 
1. Aboobacker Keloth, S/o Kunhavulla Haji, Aged 57 Yearss, Keloth House, Pachilakkad (PO), Kaniyambetta, Pin:673122
Kaniyambetta
Wayanad
Kerala
...........Complainant(s)
Versus
1. Soubagya.S, Proprietor,Alka Interiors, Love Birds Industries, Kundala (PO), Pin:670645
Anjukunnu
Wayanad
Kerala
2. Susanth, Proprietor, Alka Interiors, Love Birds Industries, Kundala (PO), Pin:670645
Anjukunnu
Wayanad
Kerala
3. Rajeesh, Proprietor, Alka Interiors, Love Birds Industries, Kundala (PO), Pin:670645
Anjukunnu
Wayanad
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ananthakrishnan. P.S PRESIDENT
 HON'BLE MRS. Beena M MEMBER
 HON'BLE MR. A.S Subhagan MEMBER
 
PRESENT:
 
Dated : 20 Jul 2022
Final Order / Judgement

By Sri. Ananthakrishnan. P.S,  President:

 

            This is a complaint filed under  Section 35 of  the Consumer Protection Act 2019.

 

            2. The Complainant entrusted the interior work of his house to the Opposite Parties who are running  Alka Interiors  and Love birds industries.  They agreed to complete the work within 5 weeks from 03.05.2019 and give completion certificates and warranty/guarantee certificates of each material. Thus he has given 50% of the work amount as advance. But, the Opposite Parties have failed to complete the work within the stipulated period. Even then, on their request, the Complainant has given further amount and they agreed to complete the work within ten days. Thereafter, the Opposite Parties done some work and gave completion certificate to the Complainant on 23.01.20120. But there are many defects to the work. Hence, this complaint to get the warranty/guarantee certificates issued by each company or Rs.10,00,000/-. He wants to get Rs.10,00,000/- due to the deficiency of their service, Rs.5,00,000/- towards compensation and Rs. 25,000/- towards the cost of this proceedings.

 

            3. The Opposite Parties are ex party.

 

            4. The complainant has given evidence as PW1 and marked Exts.A1 to A3. Heard the complainant.

 

            5. Ext.A1 is the work completion certificate, Ext.A2 and  A3 is  copy of the first and second notices sent by the Complainant to the Opposite Parties.   PW1 affirmed that there are so many defects in the work of the Opposite Parties.  There is no contra evidence to this evidence. Hence the evidence of the Complainant is to be accepted.  Hence the complaint is to be allowed. 

 

            In the result the complaint is allowed partly. Opposite Parties are directed to give the warranty/guarantee certificates issued by the companies  and if they failed to issue the certificates, they are directed to give Rs.10,00,000/-  (Rupees Ten Lakh only) to the complainant. The Opposite Parties are also directed to pay Rs.5,00,000/-  (Rupees Five Lakh only) as compensation and Rs.5,000/- (Rupees Five thousand only) towards the litigation expenses to the Complainant.  It is clarified that all the Opposite Parties shall pay the amount to the Complainant equally within 30 days from the date of the receipt of this order.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 20th day of July 2022.

Date of filing:21.01.2022.

PRESIDENT   :  Sd/-

 

MEMBER       :  Sd/-

 

MEMBER       :  Sd/-

 

APPENDIX.

 

Witness for the complainant:

 

PW1.           Keloth Aboobacker.                 Complainant.

                  

Witness for the Opposite Parties:

 

Nil.   

 

Exhibits for the complainant:

 

A1.             Copy of Work Completion Certificate.                  dt:23.01.2020.

A2.             Copy of Notice.                                           dt:14.02.2020.

A3.             Copy of Notice.                                           dt:01.11.2021.               

 

Exhibits for the Opposite Parties:

 

Nil.            

         

 
 
[HON'BLE MR. Ananthakrishnan. P.S]
PRESIDENT
 
 
[HON'BLE MRS. Beena M]
MEMBER
 
 
[HON'BLE MR. A.S Subhagan]
MEMBER
 

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