Date of filing : 01-03-2011
Date of order : 30-06-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 47/2011
Dated this, the 30th day of June 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
C.V.Devaky,
W/o.Gangadharan.K.A,
“Krishna Quarters”, Alamippally, } Complainant
Po.Kanhangad, Hosdurg Taluk ,
Kasaragod.Dt.
(Adv.P.Narayanan, Hosdurg)
K.Arunkumar, } Opposite party
S/o. Prof.M.K.Gangadharan,
M/s.Horison Builders and Developers,
H.No.331 (1) 311, Kallara House,
Ward No.I, Vellanada.Po,
Thiruvananthapuram District.
(Exparte)
O R D E R
SMT.K.G. BEENA, MEMBER
The case of the complainant Smt. C.V.Devaki, W/o.Gangadharan.K.A. is that the opposite party undertake to construct the work of her residential building situates in RS No.39/2 of Cheruthazham village. The opposite party M.K.Arunkumar is the Proprietor of M/s Horizon builders and Developers, who has published several advertisements in various news papers that his company would construct low cost houses, and by seeing the advertisement the complainant contacted opposite party and entrusted the construction work of his residential house having a plinth area of 1800 sq. feet for a total cost of `14,40,000/- on a condition that half of the cost would be provided by the opposite party to the complainant by way of loan. Opposite party has agreed to complete the work of the house within one year and received a sum of `5000/-. On 19-04-2010 the opposite party executed an agreement with the complainant . Thereafter the opposite party received a total sum of `5,76,000/- on different dates. But the opposite party has not started the work. Though the complainant tried to contact opposite party, but he has left the place. Eventhough the complainant has sent several notices to opposite party he neither started the work nor repaid the amount. The complainant has undergone great mental agony due to the deficiency in service on the part of the opposite party. Hence the complaint is filed for necessary relief.
2. Though notices were issued by registered post to opposite party they failed to appear before the Forum inspite of receipt of notice. Hence opposite party had to be set exparte.
3. The evidence of the complainant consists her proof affidavit and Exts A1 to A13.
4. We have considered the evidence and the documents. Ext.A1 is the agreement executed between the complainant and opposite party which shows the terms and conditions of construction work that has to be done by opposite party, and the stages of payment that has to be made by complainant. Ext.A2 is the receipt issued by opposite party for a sum of 50,000/-. Ext.A3 is the receipt issued by opposite party for `1,65,000/-. Ext.A4 is the receipt issued by opposite party for `1,44,000/-. Ext.A5 is the statement of Accounts of the complainant’s husband issued by ICICI Bank, Kasaragod. Ext.A6 is the receipt issued by opposite party for a sum of `89,000/-. Ext.A7 is the receipt of `1,23,000/- issued by opposite party. Ext.A8 is the letter sent by complainant to opposite party. Ext.A9 is the notice sent by complainant to opposite party. Ext.A10 series is the postal receipts. Ext.A11 series is acknowledgement. Ext.A12 is the Registered lawyer’s notice sent by the complainant to opposite party. From the evidence adduced it appears that the intention of the opposite party was to cheat the complainant and he never send reply to none of the letters send by the complainant. Even after receiving a huge amount from the complainant, the opposite party failed to provide service to the complainant and thus he violated Ext.A1 agreement and thus caused mental pain and agony to the complainant. A person who intends to construct a house may have some dreams and expectations about each and every nook and corner of his her house to be built. That is why she had given such a huge amount in advance. Her husband is an employee. He is not in a position to supervise the work. After receiving the advance and entering in to an agreement opposite party cannot easily escape from his liability. Now a days there are many private construction companies are seen cheating the consumers after receiving money from them. If the opposite party has any inconvenience then it could have informed the complainant. No doubt the act of opposite party amounts gross deficiency in service and he is liable to compensate the complainant.
Hence we are of the view that some punitive compensation shall also be awarded for the kind of deficiency in service on the part of opposite party. Therefore the complaint is allowed and opposite party is directed to refund `5,76,000/- with interest @ 9% from the date of complaint till payment together with a compensation of `1,00,000/- and a cost of `5,000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which opposite party shall be further liable to pay interest at an enhanced rate 12% for `5,76,000/- from today till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1. Agreement executed between the complainant and OP.
A2. 19-04-2010 Receipt issued by OP to complainant for an amount of `50,000/-
A3. 22-07-2010 Receipt issued by OP to complainant for an amount of `1,65,000/-
A4. 24-07-2010 Receipt issued by OP to complainant for an amount of `1,44,000/-
A5. Statements issued by ICICI Bank, Kasaragod.
A6.19-04-2010 Receipt issued by OP to complainant for an amount of `89,000/-
A7. 04-08-2010 Receipt issued by OP to complainant for an amount of `1,23,000/-.
A8. 20-08-2010 letter sent by complainant to OP.
A9. 17-10-2010 letter sent by complainant to OP
A10.Series Postal receipts.
A11.Series Postal acknowledgement cards
A12. 24-11-2010 Copy of lawyer notice.
A13. Returned Registered letter.
MEMBER MEMBER PRESIDENT
PJ/
