Complaint filed on: 02-05-2016

                                                      Disposed on: 14-07-2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.65/2016

DATED THIS THE 14^th DAY OF JULY 2016

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT,

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A, LADY MEMBER

Complainant: -

                                        D.R.Krishnamurthy,

                                        S/o. Late Ramaiah,

                                        Aged about 63 years,

                                        Residing at Banashankari

Main Road, Near Siddappa Flour Mill, Tumakuru town

(By advocate Sri.H.V.Rangatha Reddy)

V/s

Opposite party:-       

                                        Basavaraju,

                                        S/o. Chikkobalaiah,

                                        Aged about 48 years,

                                        Residing at Near

                                        Lakshminarashimaswamy

Circle, (Vakkodi Gollarahatti)

Shivaji Road, Siddarthanagara post,

Heggere Tumakuru taluk

(Ex-parte)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

        This is a complaint filed by the complainant against the Opposite party under Section 12 of the Consumer Protection Act, 1987. The complainant prays to direct the OP to complete the construction work as per the terms and conditions of the agreement dated 14-5-2015 or to pay pecuniary loss of Rs.1,35,000=00 for construction cost paid by the complainant and further the complainant prays to direct the OP to pay Rs.40,800=00 for non-installation of windows, doors and ventilators and to pay damages of Rs.1,00,000=00 and Rs.10,000=00 towards cost of this litigation, in the interest of justice and equity.   

2. The brief facts of the complaint is as under.

The complainant submits that the complainant and OP have entered into an agreement for constructing a house on the property of complainant. As per the terms and conditions of the unregistered agreement dated 14-5-2015, the complainant has paid the amount to the OP by way of cash and cheques.

The complainant submitted that, as per the agreement the complainant has paid Rs.1,00,000=00 for up to basement level, Rs.50,000=00 for lintel level, and Rs.1,35,000=00 for mould stage instead of Rs.1,50,000=00, but the OP has not put the mould for the building. Hence he has violated the terms and conditions of the said agreement.

Further, the OP has also not fixed the doors and windows till today and he has not completed the building. Hence the OP fails to perform his duty by not constructing the building. The complainant further submitted that, the complainant had approached the OP to construct and complete the house well in time, but the OP has failed to do so and the complainant has lodged a complaint to the Dandinashivara police on 24-3-2016, but the police have not taken any action against the OP. The complainant has got issued a legal notice dated 6-4-2016 to the OP, but the OP has refused to receive the legal notice. Hence the complainant has come up with the present complaint.      

3. The OP has refused to take notice issued by this Forum, hence notice issued to the OP deemed to be served. The OP has not appeared before this Forum and thereby the OP was placed ex-parte.

4. The complainant has filed affidavit evidence to support his case and also produced some documents which were marked at Ex.C1 to C13 (a).  Heard the arguments, and then posted the case for orders.

        5. Based on the above materials, the following issues will arise for our consideration.

1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?

2. What Order?

6.     Our answer to the above issues are as under:-

Issue No (1)      :       In the Affirmative

Issue No (2)      :       As per final order below

REASONS

7. Issue No.1: The complainant has firmly stated oath in his affidavit that the complainant and OP have entered into an unregistered agreement on 14-5-2015. As per the terms and conditions of the agreement, the OP has received the amount from the complainant. The OP has constructed the house basement up to lintel level, but not completed the construction work up to mould level and completed the work up-to roof level, even though the OP has received a sum of Rs.1,35,000=00  from the complainant. Thereafter the complainant approached the OP to construct and complete the house well in time as per the agreement, but the OP did not turn up to complete the construction work. So looking to the diary/Ex.C2 produced by the complainant, the OP has received the amount from complainant on various dates, even after receiving the amount of Rs.1,35,000=00 from the complainant, the OP has not completed the construction work and failed to complete the construction work as per the agreement.

8. The OP has not appeared in the instant case though the notice was duly served and thereby the OP remained Ex-parte, in the sense, the OP either admits the averments in the complaint in toto or they have nothing to say contrary to the complaint averments if the matter is viewed on this line, it proves that the OP has agreed the same impliedly.  Based on the above, we have no legal impediment to disbelieve the say of the complainant that he has established the deficiency in service on the part of OP. Hence, there is deficiency in service on the part of OP.  Accordingly, we answer point No.1 in the Affirmative.

9. Issue No.2: In the result, we pass the following:

ORDER

1. The complaint of complainant is partly allowed.
2. The OP is directed to complete the construction work as per the agreement dated: 14/05/2015.
3. The OP is further directed to put up the slab/mould of the ground floor within 30 days from the date of receipt/knowledge of this order, failing which, the OP is directed to pay Rs.1,35,000=00 to the complainant along with 9% interest per annum on the said amount from the date of complaint to till the date of realization.
4. The OP is further directed to pay Rs.3,000=00 to the complainant towards litigation cost.
5. Supply free copy of this order to both parties. 

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 14^th day of July 2016).

MEMBER                         MEMBER                  PRESIDENT

ORDER

1. The complaint of complainant is partly allowed.
2. The OP is directed to complete the construction work as per the agreement dated: 14/05/2015.
3. The OP is further directed to put up the slab/mould of the ground floor within 30 days from the date of receipt/knowledge of this order, failing which, the OP is directed to pay Rs.1,35,000=00 to the complainant along with 9% interest per annum on the said amount from the date of complaint to till the date of realization.
4. The OP is further directed to pay Rs.3,000=00 to the complainant towards litigation cost.
5. Supply free copy of this order to both parties. 

Pronounced in the Open forum on this, the 14^th day of July 2016).

MEMBER                         MEMBER                  PRESIDENT