IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
CC No. 75/15
Wednesday the 26th day of August, 2015
Petitioner : Arun Kumar,
S/o Sasidharan,
Kunninuparayil,
Melampara PO,
Keezhampara Kara,
Thalappalam village.
2)N.K. Leela,
W/o Sasidharan
do-do-do
3 ) K.T.Sasidharan,
S/o Thankappan,
do-do-do
(Adv. Nithin Sunny Alex, Nithin M.K
&Alex George)
Vs
Opposite parties : Biju Ismail,
Pulimoottil House,
Chirackadavu kara,
Chirackadavu village.
O R D E R
Hon’ble Mr. K.N. Radhakrishnan, Member
The case of the complainant presented on 23-3-2015 is as follows.
The 2nd complainant and the opposite party entered into an agreement on
30-1-2014 for constructing a residential building of the 1st complainant. On the basis of this agreement within six month the construction will be completed by the opposite party. The payment schedule was also stipulated in the agreement. The opposite party has not completed the construction as stipulated in the agreement. The materials used by the opposite party was poor quality materials for construction. The opposite party had received altogether Rs.15,89,000/-. Moreover the opposite party has received another rs.74000/- from the brother of the complainant. This was admitted by the opposite party in the agreement. Hence this complaint.
The notice was sent to the opposite party. But the opposite party even after received the intimation from the postal authorities they did not accept the notice from this forum. The notice was returned with endorsement “intimation” not claimed. Hence it is treated as deemed service.
The complainant filed proof affidavit and documents which are marked as Ext. A1 to A4 and commission report marked as Ext.C1.
The case of the complainant stands unchallenged by the opposite party. We have gone through the complaint, version, documents and commission report. From the expert commission report C1, it can be seen that an amount of Rs.3,15,000/- will be required to complete the balance works as per plan and agreed specifications. So we have no reasons to dis-believe the case of the complainant. Hence we are of the opinion that the case of the complainant is to be allowed.
In the result the complaint is allowed as follows.
We direct the opposite party to pay Rs.3,15,000/- to the complainant (being the amount for complete the work as per C1) and pay Rs.5000/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. The order not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment..
Pronounced in the Open Forum on this the 26th day of August, 2015.
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
Documents for the complainant.
Ext.A1-Photocopy of agreement dtd 30/1/14
Ext.A2-Photocopy lawyer’s notice 28/11/14
Ext.A3-Photocopy of notice notice dtd 4/1214
Ext.A4-Photocopy of agreement dtd 9/2/15
Ext.C1-Commission Report.
By Order,
Senior Superintendent
