O R D E R.
By Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The Complainant on 25/06/2020 entered into an agreement with Opposite Party for the construction of a house, which was agreed to be constructed as per the plan attached along with agreement and the Complainant had to pay Rs.10,31,000/- to the Opposite Party and at the time of entrustment of the work 30% of the total amount shall be given as advance which shall be utilized by the Opposite Parties for the construction of foundation to lintel stage and remaining amount shall be paid by the Complainant to the Opposite Parties according to the stage of construction. The Complainant paid Rs.3,00,000/-on the date of agreement, Rs.2,00,000/- on 22/1/2020, Rs. 1,00,000/- on 27/01/2021 and Rs.1,00,000/- on 15/02/2021. Even though the Complainant paid Rs.7,00,000 the Opposite Party had not completed the works. The period of the works were fixed to be five months (150 days) from the date of the agreement. But the Opposite Parties were not ready to complete the works as per the agreement without any lawful reasons and subsequently Two lakh rupees was paid by the Complainant on the assurance that they will complete the works immediately. The Opposite Parties not used superior quality materials or branded items and the Opposite Parties had only completed the construction works amounting to Rs.3,00,000/-. Even the Complainant was ready and willing to pay the amount and though the Complainant several time requested to complete the works and to use superior quality material, the Opposite Parties did not care and ready to complete the works as agreed within time. The Complainant willfully delayed the works, not used superior quality materials and not completed works as per the agreement and in proportion of the amount paid by the Complainant. So, the Complainant has caused heavy loss and damage due to the deficiency in service on the part of the Opposite Parties. The acts of the Opposite Parties are deficiency in service and unfair trade practice. Therefore, the Complainant seeks direction to the Opposite Party to return Rs.4,00,000/- for non completion of works, allow the Complainant to complete the remaining construction works by herself with the permission of the Commission, to pay Rs.50,000/-towards compensation, and to pay cost and any other reliefs.
3. After the admission of the complaint the Commission issued summons to the Opposite Party. But they had not appeared and the Commission, set them ex-parte.
4. The Complainant had adduced oral evidence. He was examined as PW1 and the documents produced were marked as Ext. A1 to A4, Commission report was marked as Ext.C1. As per Ext. A1, the original agreement dated 25/06/2020, the Opposite Parties were duty bound to complete and handover the constructed house within 150 days. Ext.A2 to Ext.A4 are the receipts which show that the Complainant had paid Rs.7,00,000/- through bank for the work. As per Ext.C1, Opposite Party spent 4,78,518/- for construction, So the Opposite Party received an excess amount of Rs.2,21,481.85/- from the Complainant. Keeping the excess amount in hand, the Opposite Party left the work unfinished and thereby violated the agreement and caused mental agony and financial loss to the Complainant. This shows deficiency in service and unfair trade practice. The allegations of the Complainant are unchallenged as the Opposite Party failed to file their version by appearing in this complaint case. It is the bounden duty of a law abiding citizen to attend court proceedings and assist the court by filing their valid objections if any. we have no other option than to believe the contentions of the Complainant. So this Commission compelled to hear the argument ex-parte against the Opposite Parties. Complainant proved his case undoubtfully. Since there is deficiency in service, unfair trade practice on the part of the Opposite Parties, by way of non completion of construction of house, the Complainant is entitled to get compensation & costs from the Opposite Parties and the Opposite Parties are jointly and severally liable for that. Considering the whole aspects of this case, we are fully convinced that the allegations put forward by the Complainant against the Opposite Party are genuine. Hence the Complainant deserves to get relief as prayed for. The Opposite Parties are liable to pay compensation for the loss suffered to him and cost also.
In the result, the complaint is partly allowed as follows:-
- The Opposite Parties are directed to pay an amount of Rs.2,21,482/- (Two Lakh Twenty One Thousand Four Hundred Eighty Two only) jointly and severally to the Complainant within one month of the receipt of this order failing which the Complainant is entitled to get interest @ 6% annum for the above amount from the date of this order till realization of the amount.
- The Complainant is permitted to carry out remaining work for the completion of the house as prayed for.
- The Opposite Parties are also directed to pay Rs.30,000/- (Thirty Thousand only) jointly and severally to the Complainant within one month from the date of receipt of this order, failing which the Complainant is entitled to get interest @ 6% per annum for the above amount from the date of this order till realization of the amount.
- The Opposite Parties are directed to pay Rs.5,000/- (Five Thousand only) towards cost jointly and severally to the complainant.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 31st day of May 2022.
Date of filing:15.04.2021.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the complainant:
PW1. Malathy. M.J Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Quotation for house building construction. dt:25.06.2020.
A2. Deposit/Pay in Slip. dt:29.06.2020.
A3. Copy of Statement of Account for the period 01.12.2020 to 28.02.2021.
A4. Copy of Bank Pass Book.
C1. Commission Report. dt:07.01.2022.
Exhibits for the Opposite Parties:
Nil.
