BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.482 of 2015
Date of institution: 17.09.2015
Date of Decision: 01.04.2016
Hari Ram Koushik son of Jagdish Koushik, resident of House No.2847/2, Sector 47-C, Chandigarh.
……..Complainant
Versus
A.B. Constructions, 1300, Sector 26, Panchkula (Haryana) through its Proprietor, Director, Partner and Managing Director Shri Pankaj Awasthi.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. R.K. Aulakh, Member.
Present: Shri Amitabh Suri, counsel for the complainant.
Opposite Party exparte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Party (for short ‘the OP’) to:
(a) to pay to the complainant compensation of Rs.4.00 lacs with 18% interest ill realisation on account of completion of balance construction work.
(b) to pay to the complainant Rs.7,500/- per month as rental penalty from 20th August 2014 till date with interest @ 18% per annum.
(c) to pay to the complainant Rs.1.00 lac alongwith interest @ 18% per annum for delay in construction of the house.
(d) to pay to the complainant Rs.1.00 lac alongwith interest @ 18% per annum for faulty design of construction of the house.
(e) to pay to the complainant Rs.50,000/- alongwith interest @ 18% per annum as damages for loss of precious time.
(f) to pay to the complainant compensation of Rs.50,000/- alongwith interest @ 18% per annum for harassment and mental agony.
(g) to pay to the complainant compensation of Rs.15,000/- for deficiency in service and delay.
(h) to pay to the complainant Rs.20,000/- as counsel fee.
The case of the complainant is that he purchased plot No.690 Near Vishranti City Back Side Best Price, Village Gazipur, Zirakpur, Tehsil Dera Bassi, Mohali in the year 2012. The complainant obtained necessary permissions for construction from the Municipal Council, Zirakpur. For getting the construction done, the OP introduced itself having sufficient experience in the construction work. The OP assured time bound construction and as per agreement the schedule was fixed. The work of construction was to complete as per terms and conditions of the agreement. In pursuance of the agreement the complainant made various payments from 10.02.2014 to 28.07.2014. However, the OP did not manage to enhance the pace of construction work and eventually lacked behind the work and demanded more time vide subsequent agreement signed on 28.06.2014. Vide this agreement the time was extended till 20.08.2014 for completion of rest of the construction work. The OP had agreed to compensate the complainant for further delay @ Rs.7500/- per month as rental penalty. The OP had not done the quality work as well as timely work. Even the work done by the OP has snags and incomplete and the construction which has been done is of faulty design. The OP had not left any provision for drainage of rainy water from roof which is fatal for life of roof and foundations of building. But again the OP did not complete the work and left the work. The OP gave Rs.85,000/- through cheque to the complainant for non completion of work which upon presentation was dishonoured by the bank. Thus, with these allegations the complainant has filed the present complaint.
2. Registered notice sent to the OP received back with the report of ‘Refusal’. Accordingly, the OP was proceeded against exparte vide order dated 29.01.2016.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-5.
4. We have heard learned counsel for the complainant and have gone through the written arguments filed by him.
5. The limited question in the present complaint remains to be seen whether upon leaving the construction work incomplete as per agreement Ex.C-1, the OP has signed an undertaking in favour of the complainant to pay lump sum amount of Rs.85,000/- as full and final settlement towards pending work of construction and gave liberty to the complainant to get the work done from any other source at his own volition. Thus after undertaking, the cheque No.009904 of Central Bank of India dated 12.02.2015 for Rs.85,000/- as per Ex.C-5 has been dishonoured by the banker of the OP, which caused loss to the complainant leading to deficiency in service and unfair trade practice on the part of the OP.
6. Since the complainant has proved the construction agreement dated 04.06.2014 Ex.C-1 and the payments made to the OP against due receipts Ex.C-2 (colly), the total amount paid Rs.9,48,775.00 from 10.02.2014 to 28.07.2014. In respect of the incomplete work and poor quality of work by the OP, though the complainant has not led any evidence to prove his allegations, however, the affidavit of the OP Ex.C-4 with is duly signed and witnessed and undertaking of the OP clearly shows that some work was incomplete and pending as per amended agreement and, therefore, the OP has agreed to pay Rs.85,000/- to the complainant within two months from signing of the said affidavit. As per undertaking the OP affirmed to pay Rs.85,000/- by cheque No.009904 dated 12.02.2015. As per Para No.9 of the complaint, the said cheque upon presentation has been dishonoured by the bank. The complainant has not produced any return memo by the banker showing dishonouring of the cheque. Therefore, the bald allegation on the part of the complainant is of no help to him to show non receipt of agreed amount of Rs.85,000/-. Once the complainant himself has admitted the settlement and receipt of payment of agreed settled amount, without showing the real import of realization of the cheque, it does not lie in the hands of the complainant to allege deficiency in service or unfair trade practice. The complainant has failed to prove his allegations on both the account.
7. In view of above discussion, the complaint being devoid of merits is hereby dismissed. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
April 01, 2016.
(Mrs. Madhu P. Singh)
President
(Mrs. R.K. Aulakh)
Member
