SRI. JIMMY KORAH (PRESIDENT)
Filed on 23.05.2006
The case of the complainant is that he has entrusted construction work with the opposite party. The opposite party committed negligence and fetched more money than due from the complainant. Hence he demand repayment of excess money and compensation.
2. The opposite party filed version, contending interalia that the opposite party is entitled to get Rs.84,171/- from the complainant.
3. Complainant was examined as PW1 and Exts.A1 to A16 documents marked. Ext.C1 also marked. On the side of the opposite party RW1 was examined.
4. We have gone through the pleadings, records and evidences adduced by the parties on a detailed verification of the entire evidence; we are of the view that there is no deficiency in service and negligence on the part of the opposite party. In addition to this the present case is purely breach of contract. In such cases, the complainant before this Forum is not sustained.
In the result, the complaint dismissed. No order as to costs.
Dictated to the Confidential Asst. transcribed by her corrected by me and
pronounced in open Forum on this the 29th day of November, 2008.
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - Somasekharan Nair (Witness)
Ext.A1 - Agreement
Ext.A2 - Bill dated 23.9.2005
Ext.A3 - Bill dated 7.10.2005
Ext.A4 - Bill dated 17.10.2005
Ext.A5 - Estimate dated 17.10.2005
Ext.A6 - Cash receipt dated 25.11.2005
Ext.A7 - Receipt dated 27.12.2005
Ext.A8 - Cash bill dated 20.12.2005
Ext.A9 - Receipt dated 28.12.2005
Ext.A10 - Receipt dated 31.12.2005 for Rs.3000/-
Ext.A11 - Receipt dated 31.12.2005 for Rs.1100/-
Ext.A12 - Receipt dated 31.12.2005 for Rs.900/-
Ext.A13 - Letter dated 12.11.2006
Ext.A14 - Cash bill dated 20.4.2007
Ext.A15 - Copy op the registered notice dated 18.1.2006
Ext.A16 - Acknowledgement card
Ext.C1 - Commission report
Evidence of the opposite party:-
RW1 - Cleetus (Witness)
// True Copy //
By Order
To Senior Superintendent
Complainant/Opposite party/S.F.
Typed by:-pr./-
Compared by:-
