DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 30th day of June 2009.
Present : Smt. H. Seena, President : Smt. Preetha.G.Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.14/2008
A. Sethumadhavan S/o.Ayyappanezhuthachan Kaipancheri Nemmara Chittur Taluk Palakkad. - Complainant (Adv.P.C. Sivadas) V/s
1. Jayaseelan S/o. Krishnankutty Chennankode Kanimangalam Nemmara (P.O) Chittur Taluk (Adv.Joy Kanhirathinchalil)
2. Raju S/o. Krishnankutty Chennankode H.O Kanimangalam Nemmara (P.O) Chittur Taluk (Adv.Joy Kanhirathinchalil) - Opposite Parties
O R D E R By Smt. A.K. Bhanumathi, Member In short the complaint is as follows.
On 25.03.2006 the complainant and opposite parties entered into an agreement for constructing a house. As per the agreement 850 Sq.feet work has to be completed within 6 months at the rate of Rs.400/- per sq. feet. An advance payment of Rs.50,000/- also made. It is also agreed by the parties that payments are to be made after the completion of works at 5 stages. It is stated in the agreement that all the materials are to be purchased by the Opposite parties. But immediately after the completion of foundation work the Opposite parties received as advance amount of Rs.1,10,000/- . They agreed that after the completion of work they will return the
advance excess amount. Despite the agreement most of the materials were purchased by the complainant.
The Opposite parties were in receipt of an amount of Rs.6,27,476/- from the complainant. There are some variations in the plan and an addition of about 500 sq.feet at Ist floor also made. But the opposite parties tried to mislead the complainant by stating that the total plinth area will be about 1750 sq. feet. The works like painting, construction of latrine, bathroom etc are still in pending. The above activities of the Opposite parties are deficiency of service. The complainant spent an amount of Rs.30,000/- towards the balance work. All these activities caused mental agony and sufferings to the complainant. So the complainant filed this complaint for seeking an order to direct the opposite parties to pay compensation of Rs.1,87,476/- to the complainant.
The complaint was admitted . Opposite party filed version. In their version opposite party denies all the contentions made by the complainant except that they had received an amount of Rs.6,27,476/- from the complainant in total. As stated by the complainant, the Opposite party did not receive an amount of Rs.1,10,000/- from the complainant. As per the agreement the total amount is to be paid in five instalments. But the complainant made the payment in many instalments which is endorsed on the back side of the agreement. Further in the agreement single storeyed house was agreed to be constructed. Later the complainant requested to construct upstair also. All the materials were purchased by the Opposite parties only. In the agreement rate of the construction work was fixed as Rs.400/- per sq.feet. As the cost of the materials increased the rate was later fixed as Rs.450/- per sq.feet. The rate of the upstair construction was fixed Rs.800/- orally. According to the opposite party they have spent an amount of Rs.7,34,300/- for the completion of the house. All the works were completed by the opposite parties including painting, bathroom, latrine etc. So the complainant has to pay Rs.1,06,824/- to the opposite parties.
The complainant filed affidavit and Exhibit A1to A3 documents were marked. Opposite parties filed proof affidavit.
The issues to be considered are : whether there is any deficiency of service on the part of the opposite parties? If so, what is the reliefs and cost?
Points 1& 2: We perused the relevant documents. It is evident from Exhibit A1 that there is an agreement between the two parties for constructing a single storeyed building of 850 sq.feet at the rate of Rs.400/-. But the complainant himself admits that the upstairs of about 500 sq. ft. was also constructed. The opposite party stated that the rate fixed for upstair was Rs.800/- per sq. ft. The contention of the opposite parties cannot be accepted in the absence of any evidence.
According to the complainant, opposite parties received an amount of Rs.1,10,000/- as further advance. This seems to be unacceptable in the absence of any supporting evidence. The complainant says that the works like painting , construction of bathroom, latrine etc are left unfinished. According to opposite parties all these works are said to be completed. Further there is difference of opinion in the area of the house also. We are not in a position to determine the issues as no commission was taken out by any of the parties.
It is the admitted fact by the Opposite parties that they were in receipt of Rs.6,27,476/- from the complainant. The complainant also admits that contrary to the agreement, upstairs was also constructed. The rate of upstair construction is not mentioned in any of the records. So we are of the view that Rs.450/- per sq.feet will be a reasonable rate for construction of the upstair. If that be so, there will be an excess amount of Rs.62,476/- with the opposite parties. Opposite parties are liable to return the same. The act of opposite parties amounts to deficiency in service.
In the result, complaint partly allowed. The opposite parties are directed to return an amount of Rs.62,476/- (Rupees Sixty two thousand four hundred and seventy six only) which they received in excess and Rs.2,000/- (Rupees Two thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost of the proceedings.
Pronounced in the open court on this the 30th day of June 2009. PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD) - 4 -
APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Agreement dated 25/03/2006 Ext. A2 - Letter from Advocate Sri. P.C. Sivadas dated 27/12/2007 to Opposite parties. Ext. A3 – Reply notice dated 14/01/2008
Exhibits marked on the side of the Opposite Party Nil Forums Exhibits Nil Costs (Allowed) Rs.500/- (Rupees Five hundred only) allowed as cost.
Forwarded/By Order
Senior Superintendent
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
