By Sri.P.K.Sasi, President:
The case of the complainant is that he has entrusted the 1st opposite party firm represented by 2nd and 3rd opposite party for constructing a new house at 7 cents of property situated in Ayyanthole Village. On 24/4/12 the complainant entered into an agreement with the opposite parties regarding the construction. As per that agreement complainant has paid Rs.5,05,000/- to the opposite parties. Whereas, the opposite parties did not completed the house construction either within the stipulated time period or till today. As per that agreement complainant has provided all the building materials to the opposite parties. Whereas, by misusing and mishandling of the materials by the workers of the opposite party complainant sustained heavy loss. Moreover, the opposite parties demanded Rs.1,35,760/- towards extra works alleged to be done by them. Whereas, when the complainant conducted an enquiry regarding the expenses of the extra works done by the opposite parties, it is came to know that it needs only Rs.10,000/-. The opposite parties demanded such an excess amount only with an intention to make undue gain from the complainant. Furthermore, the works done by the opposite parties were neither accurate nor proportionate. To rectify the defects of works done by the opposite parties needs nearly Rs.1,50,000/-. When the complainant asked the opposite parties to rectified the defects of the work by pointing out all those defects they threatened the complainant by saying that they will not allow the complainant to complete the work of the house. Then the complainant is forced to file a criminal complaint before the Thrissur West Police station on 23/2/14. Because of the influence of the opposite parties the police has not taken any action upon the complaint. Then a lawyer notice was issued to the opposite party on 5/3/14. The act of the opposite parties amounts to utter deficiency in service on the part of the opposite parties towards the complainant. Hence this complaint is filed.
2. On receiving the complaint notice was properly sent to the opposite parties but they have returned the notice unclaimed. Then notice was issued as substitute service by publishing in news paper. Even then the opposite parties neither appeared before the Forum nor filed any version. Hence all the opposite parties set exparte and the case posted for complainants evidence.
3. On the side of complainant he has filed detailed proof affidavit in which he has affirmed and stated all the allegations raised in the complaint. 7 documents produced and marked as Ext.P1 to Ext.P7. Ext.P1 copy of sale deed, Ext.P2(SP) photograph(4nos), Ext.P3 copy of work contract agreement, dtd.23/4/12, Ext.P4 copy of police complaint, dtd.23/2/12, Ext.P5 acknowledgement given from Thrissur West police station, dtd.23/2/14, Ext.P6 copy of lawyer notice, dtd.5/3/14 and Ext.P7 postal receipts(3nos). The complainant has taken out an expert commission to bring out the facts of the case before the Forum and the commissioner has filed a detailed report which is marked as Ext.C1.
4. Since there is no contra evidence before us we are inclined to accept the evidences submitted by the complainant and the contents of the report submitted by the expert commissioner.
5. We have perused the documents as well as contents of the proof affidavit submitted by the complainant. The Ext.P3 work contract agreement would go to show that the complainant has entrusted the opposite parties to construct a house as per the terms and conditions stated in that agreement, Ext.P4 and Ext.P6 would go to show that there was some disputes regarding the construction of the house between the complainant and the opposite parties.
6. The Ext.C1 commission report is very clear, elaborative and convincing regarding the condition of the building in dispute. Commissioner pointed out several material defects in the construction of the house and the main reason stated for that is the poor workmanship. Several defects can be rectified by spending further amounts. Whereas, some defects cannot be rectified. It is also stated by the commissioner that however no specific time limit is shown in the agreement, the works could have been completed within 8 months. Here the agreement was on 23/4/12 and the complaint is filed on 19/3/14. That is almost after 2 years.
7. According to the complainant he has paid Rs.5,05,000/- to the opposite party. Whereas, no proof is produced before us to show the payments made by the complainants. As per the endorsements shown on the copy of agreement, the complainant has paid in total Rs.4,00,000/- on several occasions. It is the burden of the complainant to prove the details of loss alleged to be sustained by him with cogent proof. Except the commission report nothing is produced by the complainant. Therefore, we are of the opinion that there are deficiency in service happened on the part of the opposite party in the construction of the residential building and for that complainant is entitled to get compensation from the opposite parties. If at all there was any grievance for the opposite parties they ought to have been appeared before the Forum and submitted their version. Here the opposite parties returned the notice unclaimed.
8. In the result we allow this complaint and the opposite parties are directed to pay Rs.2,00,000/-(Rupees Two lakhs only) as punitive compensation and cost to the complainant within one month from receiving copy of this order. Failing which the complainant is entitled to get 12% interest for that amount till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 14th day of September 2015.
