DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 28th day of April 2023
C.C.315/2022
Complainant
AnilKumar,
S/o. Balan,
Maniyur Keloth House,
Cherode-P.O, Vatakara,
Kozhikode – 673 106.
(By Adv. Sri. K. Lalmohan)
Opposite Party
Sudhi.K,
Proprietor, Malabar Associates,
Door No.39/1299, B4,B5,B6 & B7
Ground Floor, E.V.Complex,
Puthiyangadi,
Kozhikode – 673 021.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The opposite party is doing wooden furniture business at Kozhikode. On 24-11-2021 the complainant ordered teak double doors and window frames from the opposite party for the purpose of his house construction. The total cost was Rs.2,34,800/- and Rs.1,00,000/- was paid as advance. It was agreed that the items would be supplied within January 2022. Later, a sum of Rs.1,00,000/- was also given to the opposite party. Subsequently, order was placed for two additional window frames and payment of Rs.50,000/- was made. Thus a total amount of Rs.2,50,000/- was paid to the opposite party. It was assured by the opposite party that the items were of good quality and having guarantee. Believing the words of the opposite party, the complainant fixed the house warming in February 2022.
3. But contrary to the promise, the opposite party did not supply the items ordered in time and the house warming had to be postponed. The items were supplied only by the end of March 2022. But the items supplied were defective in many respects and lacked finishing. The measurement was not correct. The opposite party repaired the same by sending workers, for which, the complainant had to pay Rs.20,000/- towards labour charges. Most of the frames and doors were having holes and damage and so extra amount had to be spent for painting and finishing work. Most of the glasses had to be taken from the frames and refitted. The floor of the house had to be polished again.
4. The complainant was residing in a rented house paying Rs.12,000/- as monthly rent. Due to the delay in the house warming, he had to meet additional expenses of Rs.1,08,000/-, being the rent for 9 months. The act of the opposite party has caused mental agony, hardship and inconvenience to the complainant. On 11-10-2022 the complainant issued a lawyer notice to the opposite party. Despite the receipt of notice, there was no response from the opposite party. Hence the complaint claiming Rs.1,08,000/- towards rent, Rs.2,00,000/- as compensation for the mental agony and hardship suffered, Rs1,00,000/- being the amount spent for fitting the doors and window frames with finishing and Rs.20,000/- being the labour charges, total being Rs.4,28,000/-.
5. Despite the receipt of notice, the opposite party failed to appear and was set ex-parte.
6. The points that arise for determination in this complaint are :
1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.
7. The complainant was examined as PW1 and Exts. A1 to A5 were marked.
8. Heard.
9. Point No.1 – The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party supplied low quality and defective wooden doors and window frames to the complainant and that there was delay in supplying the items and thereby he was put to gross mental agony and monetary loss.
10. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that the items supplied were defective in several respects and huge amount had to be spent for rectifying the defects.Further it is averred that there was delay in supplying the items as agreed and thereby the house warming was delayed.Ext.A1 is the copy of the sales order dated 24-11-2021, Ext.A2 is the copy of the lawyer notice dated 10-10-2022, Ext.A3 is the postal receipt, Ext.A4 is the copy of the track consignment and Ext.A5 series are the photographs.
- The evidence of PW1 stands unchallenged. Ext.A5 series lend support to the case of the complainant that the wooden double doors and frames supplied to the complainant were defective in many respects. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant that the items supplied by the opposite party were defective and that there was delay in supplying the items stand proved through the testimony of PW1 and Exts A1 to A5. Unfair trade practice and deficiency of service on the part of the opposite party are established and proved.
- The complainant is claiming a total amount of Rs.4,28,000/- on different counts. But no documents are forthcoming in support of the claim for rent and labour charges etc. But the fact remains that the complainant was put to monetary loss and gross mental agony and inconvenience due to the defective items supplied and the delay in supplying the items. The inordinate delay itself constitutes deficient service. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that an amount of Rs.1,00,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs.3,000/- as cost of the proceedings.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 315/2022 is allowed in part.
- The opposite party is hereby directed to pay a sum of Rs.1,00,000/-(Rupees One Lakh only) to the complainant as compensation.
- The order shall be complied with within 30 days of the receipt of the copy of this order, failing which, the amount of Rs.1,00,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
- The opposite party is directed to pay a sum of Rs.3,000/- as cost of the proceedings to the complainant .
Pronounced in open Commission on this the 28th day of April, 2023.
Date of Filing: 14/11/2022
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 - Copy of the sales order dated 24-11-2021.
Ext.A2 - Copy of the lawyer notice dated 10-10-2022.
Ext.A3 - Postal receipt.
Ext.A4 - Copy of the track consignment.
Ext.A5 series - photographs.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Anil Kumar (Complainant)
Witnesses for the opposite parties
RW1 –Nil
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar.
