Kerala

Trissur

CC/07/313

Paul - Complainant(s)

Versus

Jayakumar - Opp.Party(s)

A.D. Benny and Sajith Thomas Edakkalathur

30 Aug 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/313

Paul
...........Appellant(s)

Vs.

Jayakumar
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Paul

OppositeParty/Respondent(s):
1. Jayakumar

OppositeParty/Respondent(s):
1. A.D. Benny and Sajith Thomas Edakkalathur

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President On 26/11/05 an agreement was executed between the complainant and respondent for the construction of a house to the complainant. The date of karar was extended twice as per the request of the respondent. As per the renewal of karar the respondent had to complete the work on 10/3/07. Respondent had received Rs.10,48,192/- from the complainant for the construction but not completed. The act of respondent is illegal and unfair trade practice committed by respondent. Hence this complaint. 2. Respondent remained absent and set exparte. 3. To prove the case complainant has filed affidavit and two documents, which are marked as Exhibits P1 and P2. An expert commissioner was appointed to inspect the property. Commission report is marked as Exhibit C1. 4. According to the complainant he is entitled to get from the respondent Rs.4,00,000/- he had paid, Rs.75,000/- towards mental agony and hardships and also costs. Exhibit C1 affirms the case of complainant. As per the Commission Report, to complete the work Rs.3,36,442/- is required. The position of the building is also explained by the commissioner. 5. In the result the complaint is allowed and the respondent is directed to provide Rs.4,00,000/- (Rupees Four lakhs only) to the complainant for completing the construction with 12% interest from the date of complaint till realization. Further directed to give Rs.5,000/-(Rupees Five thousand only) as costs. Comply the order within two months. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of August 2008.




......................Padmini Sudheesh
......................Rajani P.S.