Delhi

East Delhi

CC/783/2013

VIRENDER PRAKESH - Complainant(s)

Versus

DINESH KR. - Opp.Party(s)

06 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.783/13

Mr. VIRENDER PRAKASH GUPTA

S/O Sh. RICHPAL GUPTA,

R/O U-126, UPADHYAY BLOCK,

SHAKARPUR, DELHI                                                                                   ….Complainant

•  

DINESH KUMAR

S/O SHRI MOHAR SINGH,

R/O J-3/28, MURTI WALI GALI NO.7,

LAXMI NAGAR, DELHI

ALSO AT: J& K 37, NEAR NARULA BAKERY,

                 LAXMI NAGAR, DELHI.

                                                                                                                               ….Opponent

 

Date of Institution: 06.09.2013

Judgment Reserved for: 06.07.2017

Judgment Passed on: 06.07.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by Shri Virender Prakash Gupta (Complainant) against Shri Dinesh Kumar (OP) with allegations of deficiency in service.
2. Facts in brief are that the complainant being an owner of property bearing no. U-126, Upadhyay Block, Gali No.3, Shakarpur, Delhi, wanted to get the property reconstructed up to Third Floor and one Kachha built up room on the top floor. The complainant and OP entered into an agreement on 21^st February, 2012, as per which the OP, who was engaged in the business of building and construction was required to build the said property upto the third Floor and one Kachha built up room on the top floor; fitted with five water tank (plastic) of 500 ltr each and complete wood work alongwith finishing i.e. flooring @ Rs.950/-sq. ft., for total area 1400 sq ft. As per one of the terms and condition the complainant was required to handover the vacant physical possession on 20/02/2012 and the OP was to handover the finished property in question within five months from 20/02/2012. It is stated on behalf of complainant that as per agreed rate total of Rs.13,30,000/- was to be paid but due to some extra construction work it was agreed that the complainant shall pay Rs.16,00,000/-. It is stated that OP had breached the part of the agreement and the complainant had paid Rs.2,00,000/- in excess. It is further stated that due to the act/omission of the OP, the complainant had to further spend Rs.4,50,000/- for getting the construction complete and Rs.15,000/month as rent for six months. Legal notice dated 24/01/2013 was served upon OP demanding payment of Rs.7,40,000/- which included Rs.4,50,000/- as expenses incurred in completion of work, Rs.2,00,000/- paid in excess to the OP and Rs.90,000/- rent @ Rs.15,000/- per month for six months paid by the complainant, was neither replied nor complied with. Hence, this present complaint seeking direction for OP to pay Rs.7,40,000/- alongwith interest 18% per annum w.e.f. 24/01/2014.
3. The complainant has annexed agreement dated 21/02/2012, statement of account alongwith bill for construction/completion, complaint to SHO, Police Station Shakarpur dated 08/11/2012, complaint to SDM, Preet Vihar on 17/12/2012 and legal notice dated 24/01/2013 alongwith proof of service with the complaint.
4. Notice of the present complaint was served upon the OP. The same was returned with the report of refusal. Hence, OP was proceeded ex-parte on 08/01/2014.
5. Complainant filed his evidence by way of affidavit and examined himself thereby reiterating the contents of the complaint on oath and relied upon Ex. CW1/A copy of the agreement, Ex. CW1/B (colly) bills for getting the work complete, Ex. CW1/C and Ex. CW1/D is the copy of legal notice and postal receipts respectively.
6. We have heard the counsel for the complainant and have perused the material on record. As the OP chose not to appear, all averments made in the complaint have remained unrebutted. Ex. CW1/A copy of the agreement reveals that complainant and OP have mutually agreed to carry on construction alongwith specification of the material to be used. Complainant has also relied upon Ex. CW1/B the bills for completion of work left incomplete by the OP which is in breach of the terms of agreement which amounts to deficiency in service. Except these bills, there is nothing on record that the complainant have paid excess amount to OP. hence, we allow the present complaint and direct OP to pay a lumpsum amount of Rs.4,00,000/- with 9% interest from the date of institution of the complaint.  Compensation of Rs.50,000/- which includes the cost of litigation  is also allowed. The order be complied within 60 days. If not complied the awarded amount of Rs.4,50,000/- will carry the  interest of 9% as ordered above.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                (HARPREET KAUR CHARYA)              

      MEMBER                                                                    MEMBER

 

 

                                          (SUKHDEV SINGH)

                                                     PRESIDENT