State Consumer Disputes Redressal Commission
K.P.Manoharan vs O.Ashokan on 18 February, 2016
Daily Order KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.872/2012 JUDGMENT DATED 18/2/2016 (Appeal filed against the order in C.C No.69/2008 on the file of CDRF, Kannur) PRESENT: SMT. A. RADHA : MEMBER SHRI. K. CHANDRADAS NADAR : JUDICIAL MEMBER SMT. SANTHAMMA THOMAS : MEMBER APPELLANT: K.P. Manoharan, S/o. Narayanan Achari, Kavullapurayil, Chelora Amsom, Thilannur Desom, Kannur. (By Adv: V.S. Sunil Kumar) Vs RESPONDENT: O. Asokan, 'Prasanna Nivas', Koodali P.O., Kannur District. (By Adv: Lakshmanan T.J) JUDGMENT
SMT. A. RADHA : MEMBER Aggrieved by the order passed by the CDRF, Kannur in C.C.No.69/08 the opposite party preferred this appeal.
2. The complainant's case is that he entrusted the opposite party who is a carpenter by profession the wooden works of 10 doors and windows of his newly constructed house. The complainant purchased the wood for making doors and windows as per the instruction of the opposite party from one of the friends of opposite party. The complainant had to spend Rs.21,000/- for the front doors with its carving works. It is the allegation of the complainant that the work done was low quality and had a crack through the length of the front door. The door cannot be opened or locked properly and is not functioning. All the doors are of low quality works done by the opposite party so also the works of the window were also deficient. The glasses of the windows are also not in correct position and the frame was not in proper condition. The complainant had to suffer financial loss and could not use the doors properly. After the house warming the relatives who attended noticed the defects which also caused mental agony to the family of the complainant. The complaint is filed before the Forum Below for an amount of Rs.1,25,000/- as compensation.
3. The opposite party filed version contending that the complainant and the opposite parties are good friends and entrusted the wooden work of the newly constructed house to the opposite party. The complainant purchased the wood from his friends not known to opposite party. The frames of both doors and windows were made by some other person deputed by the complainant. The opposite parties carried out the work of windows and doors only. The wood was provided by the complainant was not suitable for making doors and windows since it was not conditioned and properly dried. This was informed to the complainant and with the consent of the complainant the work was carried out. The complainant was not ready to heed to the words of opposite party to change the wood even though the complainant informed him that the wood will shrink in due course of time. The complainant was in a hurry to complete the work of his newly constructed building and the complainant had to complete the work within one month on the ground that the complainant had to leave India. The complainant had not paid Rs.3,750/- due to the opposite party as balance towards his coolie. This complaint is filed in order to evade from the liability to pay the amount. The opposite party is having around 30 years of experience in carpentry work. As the wood was provided by the complainant himself no liability can be fastened upon the opposite party alleging deficiency in service.
4. The evidence consisted of the oral testimony of PW1, DW1 & CW1 and Exbts. were marked as C and C1. The Forum Below arrived at a conclusion that the opposite party is liable to pay Rs.45,000/- as compensation and Rs.2,000/- as cost of the proceedings. This was challenged in appeal.
5. We have heard both the counsels in detail and perused the records. It is not in dispute that the respondent entrusted the opposite party to make doors and windows for his newly constructed building. It is also coming out in evidence that both of them were known to each other and the details for taking wood was under instruction and supervision of the appellant/opposite party. It is also coming out in evidence that the opposite party was in a hurry to complete the work within a month as he had to leave India for his job. The sole reason for bending and the defect in the doors and windows are due to the low quality of the wood taken by the complainant. Nowhere it is stated that the opposite party purchased the wood for the complainant. It is also common knowledge that the wood that is not conditioned or dry would shrink in the due course of time. As per the commission report the commissioner has stated that there had defects in the doors and windows. In order to replace the wood is not practical but it can be rectified which would cause financial burden to the complainant. It is also clear that the work done was not upto the mark. It is pertinent to point out that the respondent had to rectify the defects which requires the carpenter charges as well as the cost of wood. It is also coming out in evidence that while constructing new house all the doors will have some changes. This can be rectified by adjusting the screws and refitting. However, there had defects in making the doors and windows on the part of the appellant which contributed by providing the low quality wood by the respondent/complainant. It is also in evidence that the complainant had to pay Rs.3000/- towards balance of coolie to the opposite party even though the opposite party claimed Rs.3,750/-. Hence we are of the view that the main reason for the shrinkage of the doors and windows are due to the low quality of the wood. The complainant failed to convince that the opposite party was in control and supervision while taking the wood. Hence we find no deficiency in service on the part of appellant/opposite party.
In the result, appeal allowed setting-aside the order passed by the Forum Below.
The office is directed to send a copy of this order to the Forum Below along with LCR.
A. RADHA : MEMBER
K. CHANDRADAS NADAR : JUDICIAL MEMBER
SANTHAMMA THOMAS : MEMBER
Sa.
KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION,
THIRUVANANTHAPURAM.
APPEAL NO.872/2012
JUDGMENT DATED 18/2/2016
Sa.