CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 30th day of May 2013
Present :Smt. Seena.H.President,
:Smt Preetha.G.Nair, Member,
:Smt .Bhanumathi.A.K.Member Date of filing :05-11-2012
C.C.199/12
Vinodkumar,
S/o. Pazhaniandavan Chettiyar,
Puthukudi paramb House, : Complainant
Thanikunne,
Ottapalam.
Vs
Jayaprakash,
S/o.Govindan,
Kizhakkekkara, : Opposite party
Kuttikkode,
Thrikadiri,
Ottapalam.
O R D E R
By.Smt. A.K.BHANUMATHI, MEMBER.
Case of the complainant in brief :-
Complainant entered into an agreement with opposite party on 02-02-2010 for the construction of a house at the rate of Rs.925 percentage per sqaue feet. As per the agreement work to be completed within a period of 15 months. Even though the complainant has paid an amount of Rs.13,00,000/- to the opposite party is different dates, the opposite party has not completed the work, So that a mediation talk was conducted and the term of agreement was extended as 45 days from the date of 19-04-2012. As per the second agreement the complete work is to be completed within 45 days and the key to be handed over to the complainant failing which the complainant is entitled to get 6% interest for the amount as damages. Even after accepting the whole amount as per he agreement the opposite party is not completed the work. So the complainant sent a lawyer notice to be opposite party on 5-6-12 but the opposite party has not responded.
The act of opposite party caused mental agony and financial loss to the complainant.
So the complainant seeking an order directing the opposite party to return an amount of Rs.5 ½ lakhs with 8 percentage and an amount of Rs.14,00,000/- as compensation for mental agony along with cost of the proceeding.
Opposite party set exparte. Complainant filed chief affidavit and Ext.A1 to A3 marked commission report was marked as Ext.C1 commissioner was cross examined as CW1.
Heard the matter.
Issues to be considered are:-
Whether there is defeciency of service on the part of opposite party?
If so, what is the releif and cost?
ISSUES I & II
Compalinant entered into an agreement with opposite party on 2-6-10 for the construction of a house at the rate of Rs.925/- per square feet and the complainant has paid an amount of Rs.1,00,000/- to the opposite party as advance. As per the agreement. The work to be completed within 15 months.
1.All these facts are evident from Ext.A1 document. Work specifications are also give in the agreement. They are also follows
Basement, wall construction using burned bricks, iron rodes of prince/paragon, plastering work with ACC Cement , ground floor and stair case with granite, IInd floor with vitrified tiles, 2 coat white washing, wiring materials and plumbing materials having ISI mark, front door with teak wood, fixing rolling shutter to the shop room, fixing roofing tiles, etc. But the opposite party has not completed the work as per the agreement even though he was in receipt of Rs.13 lakhs. So the period of agreement was extended to 45 days more and an amount of Rs.50,000/- was paid over and above 13 lakhs. But the work was not completed by the opposite party.
An expert commissioner was appointed and filed a detailed report.
As per Ext.C1 the opposite party has only constructed foundation, belt, brick work, wooden door frames and windows frames, RCC roofing, pipes installed from electrical wiring and partially plastered inside the walls. The expenditure for the completed work will be Rs.8,00,000/- for completing the balance work as per the present market value of materials and labour charge will be 14,00,000/-
At the time of cross examining. The commissioner deposed that Ext.C1 8 lakhs measurement rate eqfvf charge .Work in complete Plastering uneven .Bathroom fittings, Roof tiles, parapet handrailing 45percentage work
As per the commission report (C1) to complete the balance work an amount of Rs. 14,00,000/- is needed. That amount is including cost of materials, labour charges, transport charges etc. As per Ext.A1 an amount of Rs.13,50,000/- has been paid by the complainant to the opposite party. As per Ext.C1 the expenditure of the work done by the opposite party is Rs.8,00,000/- only. So that the opposite party is liable to return an amount of Rs.5,50,000/- to the complainant. In Ext.C1 the commissioner than stated an amount of Rs.14,00,000/- more needed to complete the balance work is as per the present rate.
From the above discussion we are of the view that there is defeciency of service on the part of opposite party.
In the result, complaint allowed. Opposite party directed to pay an amount of Rs.5,50,000/- to the complainant along with Rs.5,000/- ( Five thousand ) as compensation for mental agony and Rs.5,000/- as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the whole amount shall be carry interest at the rate of 9% per annum from the date of order till realization.
Pronounced in the open court on this the 30th day of May, 2013.
Sd/-
Smt.Seena.H
President
Sd/-
Smt.Preetha.G.Nair,
Sd/-
Smt.Bhanumathi.A.K.
Member.
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1- Copy of the agreement dated 02-06-2010
Ext.A2- Copy of the Supplementary agreement dated 19-04-2012
Ext.A3- Lawyer Notice dated 5-06-2012 issued to the opposite party
Exhibits marked on the side of opposite party
Nil
Witness Examined on the side of the complaint
Nil
Witness examined on the side of the opposite parties
Nil
Commission Report
Ext.C1
Cost Allowed
Rs.5000/- ( Rupees Five thousand only ) allowed as cost of proceedings
