Act for an order directing the opposite party to pay ` 90,000 as compensation.

          The case of the complainant is that he has entrusted                   Mr. G.S.Raju/opposite party to construct roof of the first floor by using iron pipe and tiles.  Opposite party obtained excess amount than that of agreed amount but did not complete the entrusted work.  He did not give the bill. He has instructed the complainant to purchase materials more than that was required and also misused certain materials.  All these caused loss to complainant.  He was compelled to call other workers to finish the work which the opposite party had left uncompleted.  Complainant also purchased materials for want of finishing the work since he did not complete his work in proper way.  Since the work has been improperly done he could not use the rooms in this first floor.  Hence this complaint.

          Opposite party appeared and filed version denying the material allegations raised by the complainant.  Opposite party contended that there was no agreement between himself and complainant to construct the roof of the first floor.  There was no payment of money by the complainant to opposite party for this purpose.  He has not received any amount from the complainant.  The complainant did not entrusted to do any work such as to join pipes to remove water from the tiles or other drainage works.  This opposite party did not agree to do the works such as plumbing and welding.  He has also not instructed the complainant to purchase plain coil, tiles, PVC pipe, clamp, welding rode etc.  He is not responsible for any sort of purchase.  This opposite party neither bring any worker with him to do the construction works in the house of the complainant nor did any such works himself in the house of the complainant.  The complainant asked to prepare quotation and estimate paper for some construction work.  Opposite party gave an estimate and complainant instructed to supervise the construction which are going on in the house.  All labourers are appointed by complainant.  All the materials necessary for construction were purchased by complainant and not by this opposite party.  Complainant instructed the opposite party to supervise the work for which an amount of `4000 had been promised.  The amount yet to be paid by the complainant.  This opposite party has done 4 days supervising work.  Complainant entrusted only to give an estimate quotation and supervise the works.  Complainant did not make any payment to the opposite party.

          On the above pleadings the following issues have been framed for consideration.

1.         Whether there is any deficiency in service on the part of opposite party?

2.         Whether the complainant is entitled for the remedy as prayed in the complaint?

3.         Relief and cost.

The evidence consists of the oral testimony of PW1 and DW1.  No documents produced and marked on either side.

Issues No.1 to 3 :

          The case of the complainant is that he has entrusted opposite party the construction work on the roof of the first floor using organ pipe and tiles.  He did not complete the interested work and advised to purchase excess materials.  It is also alleged that the opposite party has misutilised the materials.  Opposite party on the other hand contended that there was no contract or agreement between them.  Complainant did not make any payment to opposite party.  Opposite party has not carried out any construction work.  He only gave an estimate and had done supervising work for 4 days for which no payment was made by the complainant.

          Both sides adduced evidence by way of affidavit evidence in tune with their respective pleading.  Both parties has been cross examined for each other.  But neither independent witness were examined nor any documents were marked either side.

          Complainant adduced affidavit evidence that since the opposite party has not performed the entrusted work and of his purchase of excess materials and receiving more amount than agreed upon complainant sustained heavy loss and sufferings.  Except the interested version of complainant there is nothing to prove his allegations.  However, opposite party has admitted that he had supervised the work for 4 days.  Even to assess those works carried out in the house of the complainant is not possible since there is no supporting independent evidence.  There are so much of allegation against opposite party but complainant failed to prove any one of them against opposite party with supporting evidence.  Complainant did not even prove what is the exact loss he had sustained.  Available evidence shows that the completion of work has been done by the workers engaged by the complainant himself.  If that be so complainant could have examined any one of the workers as witness so as to prove what all works they have done and what was the position when the work was taken over.  At present there is no hint about the rectification work carried on.  What is the improper work done by opposite party could have been proved by bringing those facts of works which were rectified subsequently by examining any one of the workers those who were engaged in the rectification work.

          In the light of the above analysis we are of the opinion that complainant miserably failed to prove his case by placing cogent and convincing evidence.  Hence the issues answered against complainant

          In the result, the complaint is dismissed.

          No order as to costs.

          Dated this the 27^th day of August, 2012.

                           Sd/-                      Sd/-               Sd/-

                       President               Member          Member

APPENDIX

Exhibits for the Complainant

Nil

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant.

Witness examined for opposite party

DW1. G.S. Raju

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT