BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 6th day of July, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.82/2008

Between

Complainant : Ullas S/o Vasudevanpillai,

Krishnamangalath House,

Nedumkandam Kara,

Kalkoonthal Village.

(By Adv: Shiji Joseph)

And

Opposite Party : K. Anilkumar,

Orekuzhiyil House,

Thannimoodu Kara,

Parathodu Village.

(By Adv: V. M. Joymon)
 

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

On 20/10/2006 the complainant and the 1st opposite party entered into an agreement in which the opposite party agreed to complete the construction work of the complainant's house. The complainant gave various construction works of the house to the opposite party on work contract basis. The opposite party without completing the work undertaken by him, left the site. On many occassion, the complainant went to the opposite party's house for contacting to him, how ever, till this date, the opposite party did not cure to complete the work. So the complainant could not complete the work on 29/02/2007 as per the agreement. During the period the opposite party received Rs.23,410/- as excess remuneration. The opposite party also did not cure to return the equipments received by him for the construction works. The complainant suffered severe mental and physical torture. The cost of the materials like cement, steel etc., were also increased. So this petition is filed for getting compensation for the loss caused to the complainant.
 

2. As per the written version filed by the opposite party, the agreement created between the opposite party and the complainant was admitted. But the opposite party had completed the conditions of the agreement. No painting work was engaged by the opposite party. The work was formally done by another person. The first party left the place without completing the construction work. So the complainant approached the opposite party. The opposite party completed the work as per the agreement, but the complainant has to give Rs.12,350/- to the opposite party as the consideration for the work. When the opposite party approached for completing the work, the complainant did not supply the materials for the same. So the opposite party cannot complete the work and left the station after giving 250/- rupees each to 3 workers by the opposite party, who were also accompanied the opposite party. Opposite party's wife was admitted in Hospital due to serious illness, but the complainant never disbursed the amount which owe to them as the "coolie" of the work. The opposite party never received excess amount from the complainant. The complainant has to return 350 feet of wood, which is used for concreting the house of the complainant. The complainant filed a petition before the legal service authority Kattappana against opposite party and another person, which is also pending. The opposite party is not liable to compensate the complainant.
 

3. The point for consideration is whether there was any deficiency in service on the part of opposite parties, and if so, for what relief the complainant is entitled to?
 

4. The evidence consists of the oral testimony of PW1& PW2 and Exts.P1 and P2 series (a-c) and C1 series (a-c) marked on the side of the complainant and the oral testimony of DW1 & DW2 and Exts.R1 and R2 marked on the side of the opposite parties.
 

5. The POINT:- It is admitted by the opposite party that they have created an agreement between the complainant and opposite party about the construction of his house. The complainant was examined as PW1. Ext.P1 is the agreement created between them. The opposite party received an excess amount of Rs.23,410/- from the complainant and the work is not yet completed. Ext.P2(series) are the books in which the accounts of the construction work is written. Ext.C1 is the commission report filed by the Assistant Engineer of PWD and the Commissioner is examined as PW2. PW2 deposed that the estimate amount was Rs.43,763/-, but the opposite party have received an excess amount of Rs.30,276/-. The opposite party examined as DW1. He deposed that he is a mason not a constructor. DW1 approached the complainant for the purchase of estate for the complainant. There was a dispute in the sale of the property with complainant and DW1. Because of that enimity, this complaint is filed. Ext.R1 is the copy of the petition filed by the complainant before the legal service society. As per R1, it is alleged that the opposite party has to pay Rs.25,000/- to the complainant because of the loss caused to the complainant in the business of the estate. Ext.R2 was withdrawn on 14/08/2008. DW2 is the employee of the opposite party who also engaged in the work of complainant's house. DW2 deposed that they have started the work of sunshade of the house of the complainant. But the materials were not suppled by the complainant. As per the C1 in the house plan prepared by the Commissioner, the sunshade portion is to be done by the opposite party, which cover about 1236 cms. It means the balance work left by the opposite party is about 12.36 meters of sunshade portion. As per Ext.P2(series) in the account book P2(b), it is written that on 28/11/2007 when the measurements were taken, opposite party has received excess amount of Rs.23,410/-, it is written and signed by the opposite party. So we think that the opposite party has received an excess consideration of Rs.23,410/- from the complainant and there is some work pending in the complainant's building as per C1 report. As per the complainant, the cost of materials is increased, we think that the labour charge also increased. So we think it is fit to order opposite party to complete the pending work of the complainants residence or pay Rs.23,410/- to the complainant, but the materials should supply by the complainant.

Hence the petition allowed. The opposite party is directed to complete the sunshade work of the complainant's residence as per Ext.C1 report or pay Rs.23,410/- to the complainant within 2 months of the receipt of this order. The complainant must supply the materials for the same. The opposite party is also directed to pay Rs.2,000/- as cost of this petition.
 

Pronounced in the Open Forum on this the 6th day of July, 2009.

Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Ullas K.V

PW2 - Raveendran V

On the side of Opposite Parties :

DW1 - Anilkumar

DW2 - Venu

Exhibits:

On the side of Complainant:

Ext.P1 - Agreement dated 20.10.2006

Ext.P2 series (a-c) - Books in which the accounts of construction work are written

Ext.C1 series (a-c) - Commission Report

On the side of Opposite Parties :

Ext.R1 - Copy of petition filed by the complainant before the Legal Service Authority.

Ext.R2 - Copy of Order dated 14.08.2008