O R D E R
Smt. ShajithaBeevi.N (Member I):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The complainant’s case as follows:-Smt. Ayshamol.N has filed this complaint before this commission for getting an order. The main contentions of the complaint are as follows:- The opposite party is the building contractor of M/s Speed Well Construction and Interiors at Pandalam. On 20/05/2015 the husband of the complainant and the opposite party had entered an agreement to reconstruction of her residential building. As per the agreement executed on 20/05/2015 she has entrusted the opposite party to construct a certain portion regarding the concrete work and putting window electrical work and other fittings in bath room and certain works for the final implementation. In order to complete the works it was admitted that the amount of Rs. 1,850/- per sq.feet. In order to complete the remaining work of the residential building a sum of Rs. 2,100/- per sq. feet was admitted by the opposite party and further agreed that the said amount was paid by 4 installment. The opposite party contrary to agreement realized a sum of Rs. 6,90,000/- from the complainant. By producing the plan and agreement before the bank and a loan was obtained and Rs. 1,90,000/- was paid to the account of the opposite party. The opposite party has not furnished the required documents for verification. Several times complainant requested the opposite party to complete the remaining work pending. But instead of complete the remaining work he has demanded further sum of Rs. 72,000/- the assistance of the engineer has reported that Rs. 4,00,000/- worth of work is to be done. Due to the delay in complete the work they could not reside in the building and a lot of inconvenience was occurred. The complainant has intimated the opposite party need for completing the work. But opposite party has not turned-up. Hence this complaint.
4. Notice together with the opposite party of the complaint were send to the opposite party. But the opposite party was not turned up. Considering this commission declared to opposite party as ex-parte.
5. Complainant filed proof affidavit and produced documents Ext. A1 to A8 and commission report in evidence considering the allegations of the complainant and verifications of the documents in detail. Ext. A1 is the copy of contract agreement dated: 20/05/2015. Ext. A2 is the treatment history. Ext. A3 is the letter issued from the committee. Ext. A4 is the complaint given to the DYSP. Ext. A5 series is the copy of building permit and plan. Ext. A5(a) copy of the estimate given to the bank for loan. Ext. A6 is the loan details of Canara Bank, Pandalam Branch. Ext. A7 is the legal notice given to the opposite party. Ext. A8 is the legal notice of the opposite party dated: 04/04/2018. The commission has raised the following issues for consideration.
1. Whether the complaint has a prima-facie case against the
opposite party.
2. Whether the allegations of the complainant is to be treated as
genuine.
3. Whether the complainant is entitled to get the relief us prayed
for.
4. Compensation and cost.
6. Issues No. 1 to 4:-On a perusal of the complaint and documents it can be seen that as per agreement executed between to complainant and opposite party the opposite party has not complete the work entrusted by the complainant. The commissioner has furnished a detailed report regarding the work. Due to the delay of complete the remaining works the complainant has incurred a lot of inconvenience. The opposite party has purposefully delay the work. It is further noticed that even though the opposite party has accepted the notice of the commission, he has not turned up to furnish the version stating the reasons thereof. It shows the grossest deficiency of service and derelictions of duty, so the complainant is entitled to get the relief claimed. Since the complainant has a prima-facie case against the opposite party and she is entitled to get the relief claimed. She is entitled to get compensation and cost all the issues were found in favour of the complainant. In this matter we are of the strong view that the complainant is to be allowed as prayed for.
7. In the result we hereby directed the opposite party to refund the amount of Rs. 3,00,000/- (Rupees Three Lakhs only) to the complainant which was illegally collected by the opposite party along with the 6% interest per annam. Since there is negligence direction of duty on the side of the opposite party, he has to pay a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) to the complainant for her mental agony inconvenience and physical strain. We further direct the opposite party to pay the said amount to the complainant within one month from the date of receipt of this order. We further direct that the complainant is free to proceed against asset of the opposite party for realization of the said amount.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30thday of November,2020.
(Sd/-)
Smt. ShajithaBeevi. N
(Member I)
Sri. George Baby (President) :(Sd/-)
Sri.NishadThankappan (Member II) :(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Ayshamma
Exhibits marked on the side of the complainant:
A1: copy of the contract agreement dated: 20/05/2015
A2: copy of Treatment history.
A3: letter issued from the committee.
A4: complaint given to the DYSP.
A5: copy of building permit and plan.
A5(a) : copy of the estimate given to the bank for loan.
A6: copy of the loan details of Canara Bank, Pandalam Branch.
A7: copy of the legal notice given to the opposite party.
A8: the legal notice of the opposite party dated: 04/04/2018.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Ayshamol N,
Puthenvilayil House,M.M Junction,
Pandalam – 689501.
(2)Haris C.H,
Chinnaveedu (Sanju Villa),
Kadakkadu, Pandalam.
(3)The Stock File.
