IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday the 16^th   day of  November, 2015

Filed on 12.12.2014

Present

1. Smt. Elizabeth George (President)
2. Sri.   Antony Xavier (Member)
3. Smt.Jasmine.D. (Member)

in

C.C.No.346/2014

between

     Complainant:-                                                                              Opposite Party:-

Sri. Peter Varghese                                                                             Sri. Ajai Abraham

Pulickal House                                                                                    Proprietor, Castle Builders)

Zilla Court Ward                                                                                 Panavelil House

Thathampally P.O.                                                                              Sanathanam Ward

Alappuzha – 688 013                                                                          Alappuzha – 688 001

Through Power of Attorney Holder                                                   (By Adv. Subhakumar)

Kathrinamma, W/o Peter Varghese

      -do-                 -do-

O R D E R

SMT. ELIZABETH GEORGE (PRESIDENT)

            The case of the complainant is as follows:-

The complainant has entered into an agreement with the opposite party to construct a single storied residential building having plinth area of 922 Sq. ft.  on 1.12.2010 and later it was revised to construct the first floor also together having a total plinth area of 1236.44 Sq. ft. and the total cost was fixed as Rs.23,41,000/-.  The construction was agreed to be on turn key basis and drawings and specifications was accepted between the parties.  A payment schedule also was approved and the complainant has been effecting the payments as per the schedule.  Even though the complainant had been paying the amounts as per the agreed schedule, the opposite party failed to complete the construction in time.  Due to the breach of contract, the complainant suffered huge losses and is still suffering losses every day.  The losses have occurred due to the negligence on the part of the opposite party.  Hence the complaint is filed.  

                2.     The version of the  opposite party  is as follows:-   

 The construction of the building was based on a bi-lateral agreement.  The time is not the essence of the contract.  The building which is to be constructed as per the agreed plan sanction by the Municipality was altered by the wife of the complainant many times.  The opposite party has done additions alterations and changes suggested by the complainant and his wife.  He has also done works not made in the agreement or stipulated in the plan as such he suffered huge loss on account of the alterations and changes made in the construction of the building.   There is no deficiency in service on the part of the opposite party. 

            3. During the trial stage on 25.8.2015, both parties represented and filed a compromise memo.  Thereafter the complainant was absent continuously.  Compromise memo filed is recorded.        

 In the result, award is passed in terms of compromise.  The compromise will form part of this award.

            Dictated to the Confidential Assistant transcribed by her corrected by me an pronounced

in open Forum on this the 16^th day of  November, 2015.

                                                                        Sd/- Smt.Elizabeth George (President)

                                                                        Sd/- Sri. Antony Xavier (Member)

                                                                        Sd/- Smt. Jasmine. D. (Member)

Appendix:-  Nil

                                          // True Copy //                                     By Order

Senior Superintendent

To

         Complainant/Opposite party/S.F.

Typed by:- pr/-  

Compared by:-