DATE OF FILING                    :     03-10-2013.

DATE OF S/R                            :      27-01-2014.

DATE OF FINAL ORDER      :     22-07-2014.  

Sri Tarak Paul,

son of  Sri Basudev Paul,

residing at village – Dial  Chaipal ( Hattala ),

P.O.  Chaipat, P.S. Daspur,

District – West Midnapore.---------------------------------------------------- COMPLAINANT.

-          Versus   -

M/S. Amir  Soyel Builders,

being represented by its proprietor

Aktar Ali, residing at D.M.B. More, Mankur,

P.S. Bagnan, District – Howrah.--------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has  prayed for direction upon the o.p. to refund the excess advance money of Rs. 1,36,000/- with interest from 30-07-2012 till realization and to pay compensation of Rs. 1,50,000/- for causing mental pain and harassment together with litigation costs of Rs. 10,000/- as the o.p. in spite of receiving Rs. 2,80,000/- vide agreement dated 16-03-2012 to construct full finished pucca two storied building on payment of Rs. 180/- per sq. ft. for 1770 sq. ft. did not complete the 1^st floor and kept the work pending.   

2.               The o.p. in his  written version contended interalia that the work remained unfinished as there was attempt of reconciliation at the behest of the complainant.

3.        Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.               Both the points are  taken up together for consideration. Admittedly the parties entered into an agreement on 16-03-2012 for construction of a residential two storied building on the property of the complainant. The complainant was to pay Rs. 180/- per sq. ft. for 1700 sq. ft. and accordingly he paid Rs. 2,80,000/- by cash to the o.p. on different dates. But after expiry of the stipulated period it was found the ground floor remained unfinished and not to speak of the 1^st floor as per the agreement.

5.          Admittedly the o.p. only constructed 800 sq. ft. area out of the total area of 1700 sq. ft. As he has violated the terms of the agreement, he is liable to refund the excess money paid to him.  The complainant is a  bonafide consumer. The o.p. in our view has committed gross deficiency of service and as such cannot escape from the rigours of law.

           Both the points are accordingly disposed of.

                                               O     R     D      E      R      E        D

      That the C. C. Case No. 352 of 2013 ( HDF 352 of 2013 )  be and the same is decreed on contest as against the o.p. with costs.  

      The O.P. Sk. Aktar Ali be directed to refund the balance money of Rs. 1,36,000/- within 30 days from the date of this order paid to him in advance by the complainant together with the interest @ 8% p.a. since 30-07-2012 till full satisfaction.

      The o.p. do also pay a sum of Rs. 40,000/- as compensation  for causing mental pain and prolonged harassment to the complainant.

      The complainant is  also entitled to a litigation cost of Rs. 5,000/- from the o.p.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.            

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F.,Howrah.