Date of Filing : 24.03.2011
Date of Order : 27.03.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 27th MARCH 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA …….. MEMBER
CC No. 80 / 2011
M. Venkateshappa,
S/o. B. Muniyappa,
Aged about 42 years,
R/at: Veerapura Village, Kasaba Hobli,
Kolar Taluk.
(By Sri. V. Brahmanandam, Adv.) ……. Complainant
V/s.
Besthara B. Venkateshappa,
S/o. Bayyappa,
Aged about 50 years,
R/at: Duggasandra Village,
Mulbagal Taluk.
(By Sri. N.G. Vasanthareddy, Adv.) …… Opposite Party
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act, 1986 seeking direction to OP to pay to the Complainant Rs.2,29,000/- are necessary:
OP is known to the Complainant since 10 years. He has agreed to entrust the work of construction of his residential house to the Complainant on labour basis at Rs.8500/- per Square on 08.02.2010. OP has paid Rs.5,000/- as advance on that date. OP has supplied building materials and Complainant started construction work. Between 18.02.2010 & 27.07.2010 OP has paid Rs.45,000/-, in all OP has paid Rs.50,000/-. After completion of the construction, on 05.09.2010, the parties along with other villagers assembled together for final settlement. The total construction was 2400 Sq.ft. and the total amount to be paid was Rs.2,04,000/-, out of which Rs.50,000/- was paid and remaining amount of Rs.1,54,000/- has not been paid. The Complainant had given 150 Bags of Cement worth Rs.35,000/-. With this, total amount to be paid by the OP comes to Rs.1,89,000/-. This has to be paid by the OP and also Rs.40,000/- as compensation. As it has not been done by the OP, this Complaint is filed.
2. In brief version of the Ops are:-
The allegations that Complainant is known this OP since 10 years, he has given construction work of his residential house on labour charges, he supplied the materials, he paid money, he is due money, Complainant completed construction, Complainant given the Cement are all false and concocted. OP is not Besthara B. Venkateshappa, he is Dastanavara Venkateshappa. OP constructed Stone Slab house measuring 12 Square and the building was constructed by G.R. Chelapathy at the rate of Rs.7500/- per square who started construction work on 20.08.2010 and completed on 11.03.2011 and received Rs.90,000/- in full & final settlement of the work and issued Receipts. The Receipts were written by Krishnamurthy who was middleman. All the allegations to the contrary are denied.
3. To substantiate their respective cases, parties had filed their affidavits and the OP had filed affidavit of G.R. Chelapathy & Thippareddy in addition and filed documents. As the Complainant was absent, OP was heard.
4. The points that arise for our consideration are as under:
POINTS
(A) Whether there is deficiency in service?
(B) What Order
5. Our answers for the above points are as under:
(A) Negative
(B) As per detailed order for the following reasons
REASONS
6. Point Nos. A & B – Pleadings of the parties are summarized supra and the same is read herein again. The claim of the Complainant is that OP has entrusted the construction work of his house to the Complainant and paid certain amounts towards labour charges, OP supplied materials, he constructed house, OP had paid Rs.50,000/-, still OP is due Rs.1,54,000/- towards agreed rate of labour charges and Rs.35,000/- towards Cement which he has supplied, this was agreed to between the villagers. All these things are specifically denied by the OP. OP has clearly stated that he has entrusted the construction work to one G.R. Chelapathy who constructed the building and received the money of Rs.90,000/- and the Complainant has no role to play in this. The said statement of OP is fully corroborated by the documents produced by OP and the affidavit of G.R. Chelapathy & Thippareddy. There is nothing to disbelieve the same. Except self serving statement of the Complainant, there is no material to show that there exists any contract of construction between the Complainant on one side and the OP on the other side. If at all there were to be agreement regarding construction of the work, why the Complainant has not taken any documents from the OP? Complainant never said that which material was supplied? what material? who are the labourers? who constructed the building? what are the labour charges paid to them? who are the villagers? when Cement was supplied? etc. All these things are as bald as it could be.
7. Complainant has produced only copy of the notice dtd. 30.12.2010 issued to the OP. This notice does not prove anything. OP has clearly stated and sworn to that he is Dasthanavara Venkateshappa and not Besthara Venkateshappa, as there was change of name, he did not reply. Merely OP has not replied the notice, it does not mean that case of Complainant is true. When there is no contractual liability to pay the money, how can the OP is liable to pay the money. There is oath against oath, and added to that, the affidavits of 2 persons viz., G.R. Chelapathy & Thippareddy filed by the OP clearly disprove the case of the Complainant. When there is no work that has been granted to the Complainant by the OP, the question of deficiency in service does not arise. There is no consumer and trader relationship exists between the parties. Hence, we hold the points accordingly and pass the following order:
ORDER
1. Complaint is dismissed. No costs.
2. Send copy of this Order to the parties free of costs.
3. Return extra sets to the parties concerned under the Regulation 20(3) of the Consumer Protection Regulations 2005.
4. Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 27th day of March 2012.
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
