Karnataka

Chitradurga

CC/130/2018

R.Kanthraj,Major,Proprietor,Sri SaiPetroleum Service - Complainant(s)

Versus

K.Nagaraj s/o Kuamrswamy - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

20 Dec 2018

ORDER

COMPLAINT FILED ON:30/06/2018

DISPOSED      ON:20/12/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:130/2018

 

DATED: 20^th DECEMBER 2018

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Sri Sai Petroleum Service Station, Indian Oil Corporation Ltd., Parashurampura Village & Hobli, Near Srvodaya Ded College, Challkere Taluk, Chitradurga Dist.   (Rep by Sri.P.S.Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	K.Nagaraj S/o Kuamrswamy, Aged about 51 years,RK Engineering, Flat No.5,Shree Home Apartement, Roy Road,Tilakwadi,Belgavi-590006.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OP to pay Rs.10,00,000/- towards incomplete work, Rs.2,00,000/- towards mental agony, pain, loss of valuable time and energy with interest at the rate of 12% p.a and to grant such other reliefs.

2.      The brief facts of the case of the above complainant are that, he is the businessman dealing and running the petrol bunk service station and he approached the OP Contractor and placed work order to the OP on 26.06.2014 to supply and installation of canopy false ceiling at Emergency Service Station at Sri Sai Petroleum Service Station situated at Parashuramapura village and Hobli, Challakere Taluk, Chitradurga District by entering into an agreement with the OP for a total consideration of Rs.13,94,000/- towards completion of petrol bunk work.  Accordingly, on 02.09.2014 and 28.05.2015 the complainant has paid Rs.2,00,000/- as advance amount through RTGS and Rs.1,00,000/- respectively and also paid two cheques of ING Vysya Bank, Parashurampura which will be encashed after completion of the contract work.  Further the complainant submits that, as per the contract, the OP has not completed the specified entrusted work within a stipulated time.  For this, the complainant has invested huge amount by borrowing loan from his relatives and friends and by availing Bank loan.  So, the payment was made by the complainant to the OP through RTGS on 02.09.2014 for Rs.2,00,000/- through cash Rs.90,000/- on 15.03.2015 and NEFT on 28.05.2015 and two post dated cheques for Rs.2,44,000/- and Rs.7,60,000/- respectively.  The above post dated cheques will be drawn after completion of the work.  But the OP has not completed the work as per the agreement.  Due to delay in execution of work by the OP, the complainant has been stopped the two post dated cheques.  The complainant has suffered heavy loss, mental agony and financial loss due to delay in completion of work that shows the deficiency of service.  Further it is submitted that, the complainant has approached the OP and requested to complete the entrusted work to supply and installment of canopy false ceiling at emergency service station at Parashurampura.  But OP has dragged on the matter by giving lame excuses.  Finally on 30.05.2018 the complainant got issued legal notice through his counsel for completion of entrusted work as peer agreement and make good of the loss incurred by the complainant.  The legal notice was duly received by the OP on 12.06.2018, the OP has complied the notice by denying all the allegations made in the complaint.  Without alternative, the complainant has lodged this complaint.  The cause of action for this complaint arose on 30.05.2018, when the notice was duly served through RPAD, for that on 12.06.2018, the OP has complied the same denying all the allegations made in the notice and refused to complete the work as per the agreement and not made any alternative remedy and hence, prayed for allow the complaint.   

3.      The notice has been issued by this Forum and the same was returned with a shara not claimed and hence, OP placed ex-parte.   

4.      Complainant herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked and closed his side.

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OP has committed deficiency of service for non completion of the work as per the agreement entered into between them and he is entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      There is no dispute between the complainant and OP that, the agreement has been entered into between them on 26.06.2014.  As per the agreement, the OP agreed to complete the work for installation of canopy false ceiling at Emergency Service Station at Sri Sai Petroleum Service Station situated at Parashuramapura village and Hobli, Challakere Taluk, Chitradurga District.  As per the agreement, both parties agreed that the complainant is ready to pay the amount of Rs.13,94,000/- to the OP for completion of the work.  After entering into an agreement, the complainant has paid Rs.2,00,000/- on 02.09.2014 and Rs.1,00,000/- on 28.05.2015 in total Rs.3,00,000/- through RTGS from his S.B A/c and also the complainant has issued two post dated cheques to the OP for Rs.2,44,000/- and Rs.7,60,000/- respectively.  After issuance of the advance by the complainant, the OP has not completed the work as entrusted by the complainant as per the agreement.  The complainant has approached the OP so many times and requested to come and finish the work as per the agreement.  But the OP has neglected to do the work.  Finally, the complainant has issued legal notice to the OP on 30.05.2018.  After issuance of the legal notice, the OP replied on 12.06.2018 denying all the contents of notice and stated that, the complainant has entered into an agreement on 26.06.2014 and also the complainant has paid a sum of Rs.3,00,000/- through RTGS and also issued two post dated cheques.  Further it is stated that, the complainant has not paid the remaining amount as per the agreement that’s why they have not completed the work as entrusted by the complainant.  The complainant has issued two post dated cheques and accordingly, the OP has presented those cheques, the same were returned as funds insufficient.  Thereafter, the OP has filed a case against complainant under Sec.138 and 142 of N.I Act before the concerned Court in CC No.1267/2017 and the same is pending before the concerned Court.  But the OP has stated in his reply that, the entrusted work was completed on 18.04.2015 and after completion of the work, the OP asked to pay the remaining amount of Rs.10,94,000/-, by that time, the complainant has failed to pay the amount.  Hence, the OP has filed a case before the concerned Court, the same is pending before the JMFC, Belgaum.  The reply notice has been exhibited as Ex.A-7, but the complainant has produced the Ex.A-9, the photocopies of the actual position of the spot, those photos clearly shows that, the OP has not completed the work entrusted as per the agreement. 

9.      We have gone through the entire documents filed by the complainant, those are marked as Ex.A-1 toEx.A-9.  There is no dispute that, the agreement has been entered into between the complainant and OP for construction of Petrol Bunk situated at Parashurampura and further the OP is also stated in his reply that, the complainant has paid Rs.3,00,000/- on different dates through RTGS and also further agreed that, the complainant has issued two post dated cheques, but the OP has taken a contention it his reply that, the work is fully completed, but the complainant has not paid the amount as promised at the time of agreement.  Finally, the OP has presented the two post dated cheques and the same were returned as insufficient funds.  Thereafter, he filed a case before the concerned Court u/Sec.138 of NI Act and the same is pending.  But as per Ex.A-9, it is very clear that, the work is not completed.  Hence, the OP has committed deficiency of service.  In view of the non completion of the work entrusted by the complainant, the complainant has suffered mental agony and irreparable loss, which cannot be compensated by any other means.  The prima-facie shows that, the OP has committed deficiency of service and negligence in completing the work as per the agreement.  Hence, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that the OP is hereby directed to return an amount of Rs.3,00,000/- received from the complainant along with interest @ 9% p.a from the date of complaint till realization.

It is further ordered that the OP is hereby directed to pay a sum of Rs.2,00,000/- towards compensation to the complainant towards heavy loss, mental agony, financial loss and loss of reputation in the locality.  

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 20/12/2018 and it is pronounced in the open Court after our signatures)         

 

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Work order dated 26.06.2017
02	Ex-A-2:-	Tax invoice dated 06.08.2017
03	Ex-A-3:-	Cash receipt
04	Ex-A-4:-	Quotation dated 26.06.2014
05	Ex.A-5:-	Quotation dated nil
05	Ex-A-6:-	Legal notice dated 30.06.2018
06	Ex-A-7:-	Reply notice dated 12.06.2018
07	Ex-A-8:-	Postal receipt and acknowledgement
08	Ex-A-9:-	5 photos

 

Documents marked on behalf of OPs:

-Nil-

 

 

MEMBER                                                   PRESIDENT

Rhr**