IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 12th day of December, 2019
Filed on 12.02. 2019
Present
1. Sri.E.M. Muhammed Ibrahim , BA,LLM (President)
2. Smt. Sholly.P.R, LLB (Member)
3. Smt. C.K.Lekhamma, LLB(Member)
in
CC/No.51/2019
Between
Complainant:- Opposite party:-
Smt. Preetha Sri. Pradeep
W/o Ganesh, Bhagavathi parambil
Challam Veettil Thanneermukkom Panchayath
Thanneermukkam Panchayath Ward-22, Varanadu.P.O
Ward-22, Varanadu.P.O Cherthala Taluk, Cherthala
Cherthala Taluk, Cherthala Ph:9074444360
Ph: 9605709607
ORDER
SMT.C.K. LEKHAMMA (MEMBER)
The brief facts of complainant’s case are as follows:-
On 2/8/2019 the complainant entrusted the opposite party for laying tiles on the pathway towards her house. The opposite party has undertaken to carry out the work at the rate of Rs.67/- per one sq.ft. As per the agreement the opposite party has to use all materials for the laying. Instead of that he used metals (small granite pieces) owned by the complainant. The complainant alleges that the laying work is not satisfactory, the tiles are dislocated and the path way is useless due to the improper laying of tiles by the opposite party. More over the opposite party grabbed excess amount than the agreed amount from the complainant. All those discrepancies are communicated by the complainant to the opposite party. The opposite party agreed that he would repair it but he did not do so. Thereafter, the complainant approached the consumers Association, Cherthala they contacted the opposite party over phone and thereafter sent notice on 21/11/2018. But till the opposite party did not respond it. Hence she approaches this Forum for getting the following directions against the opposite party.
(1) To direct the opposite party to pay Rs. 30,000/-(Rupees thirty thousand) to the complainant as compensation for loss and mental agony.
(2) Cost of the Proceedings.
2. The complainant filed proof affidavit in lieu of chief examination. Ext.A1 to A3 were got marked. The opposite party remained absent after the receipt of notice.
3. Ext.A1 notice sent to the opposite party by Cherthala Taluk Consumers Association on behalf of the complainant. Ext.A2 is the acknowledgment card and Ext.A3 is the postal receipt of Ext.A1 letter. Ext.A1 narrates the transaction between the complainant and opposite party. As per said documents the consumers Association contacted the opposite party over the phone and he agreed to rectify the defective work within two days. But he did not do so. There after Ext.A1 sent to the opposite party. This is the only materials available on record to prove the transaction between the parties. However in Ext.A1 notice there is no allegation that the complainant incurred the loss of Rs. 30,000/-( Thirty Thousand only) as claimed in the complaint. But it is to be pointed out that inspite of receipt of notice the opposite party has not appeared and contested the case. Even though he received Ext.A1 notice he has not denied the averments in the notice. The silence of opposite party itself amounts to admission of the allegations in the complaint as well as in the notice (Ext.A1). In the above circumstances we are constrained to believe that there is deficiency in service on the part of the opposite party and the complainant suffered financial loss apart from mental agony. In view of the facts and circumstances we are of the view that the complainant is entitled to get Rs. 15,000/-(Rupees Fifteen thousand only) by way of compensation for deficiency in service and mental agony from the opposite party. And the complainant is also entitled to get Rs. 5000/-(Rupees Five thousand only) as costs of proceedings.
In the result the complaint stands allowed directing that
(1) The opposite party shall pay compensation of Rs.15,000/-(Fifteen thousand only) to the complainant for the mental agony as well as financial loss suffered by him.
(2) The opposite party shall also pay Rs. 5000/-(Rupees Five thousand only) to the complainant as the costs of the proceedings.
The above said amounts shall carry interest @ 12% per annum from the date of communication of this order till realization.
The said order shall be complied within one month from the date of the receipt of copy of this order. Failing which the complainant is entitled to realize the same from the opposite parties 1 and from their assets.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 12th day of December, 2019.
Sd/-Smt. C.K.Lekhamma (Member)
Sd/-Sri.E.M.Muhammed Ibrahim(President)
Sd/-Smt. Sholly.P.R(Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Notice dtd.21/11/2018
Ext.A2 - Acknowledgment Card
Ext.A3 - Postal Receipt.
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
