Adv. For the Complainant   : - Self

        Adv. For the O.P.                 :-   Self

        Date  of filing of the Case  :- 22.08.2023

        Date of Order                       :-31.01.2024

 JUDGMENT

Smt. Jyotsna Rani Mishra , Member

Fact of the case :-

                       The complainant is the owner of the plot No.501/3729, 501/3730 and plot No.501/3731 Mouza-Kukudahad, PS- Kantabanji and the complainant wanted to construct a building. The construction agreement was executed between the complainant and opposite party . The above said house building construction consist of 1^st floor @ Ra.140/- per square feet to construct the building which includes all the construction works like brick work, partitioning rooms as per his building plan and plastering along with making staircase. All the raw materials would be provided by the 1^st party and contractor would be provided labour part only.

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                It was also  decided to make payment by complainant as per progress of the work. The final payment would he made. After completion of construction works and by measuring the roof.

                 Complainant made payment regularly as per agreements on different dates. OP requested for an advance at the begining of construction to purchase materials. The complainant in good faith paid Rs.2,50,000/- as advance to which OP assured to adjust during the course of construction and subsequent payments. But he did not adjust as a result it became over payment and Op has also taken Rs.20,000/- make some partition works at ground floor at the building but did not work.

             So Op has violated the terms of agreement and stopped works and when complainant requests the Op to complete the works, he quarrels with him and gives life threaten.

       Complainant also informed this matter to president of Thikadar association of Kantabanji, But it is vain complainant also took the help of Kantabanji police and lodged, FIR against Op for his misbehaviour and lastly complainant gave a final legal notice vide Regd. Post to Op,  On 07.07 .2023 to OP requesting him to complete the construction work but the did not respond.

To substantiates his  case the complainant relies on following document :-

1.Agreement paper

2.Payment slip made by complainant

3.Letter of tracking

      Having gone through the complainant it’s accompanied documents and on hearing the complainant, prima facie it seemed to be genuine case hence admitted and notice to the OP was served and in response to the notice the OP did not appeared before commission, sufficient time has been given but OP could

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not turn up and filed the written version with on the statutory period and fails to proves his credential, as such the OP set expert on dt.30.11.2023.

           So Due to the deceptive trade practice and unfair trade practice of the OP amounts to deficiency in service which create mental agony to the complainant . As such I consider the case with following direction.

ORDER

The OP is directed to pay Rs.2,50,000/- as advance money and Rs.20,000/-for partition with 18% interest Per annum . I further directed to pay a sum of Rs.50,000/- towards mental agony and Rs.2000/- towards litigation expenses within one month from the date of order.

              Failing which the entire amount shall be paid by the OP @ 12% interest per annum from the date of filing of case till realization.

                        No award as to cost.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY  31^th  day of  January‘ 2024.