By ADV. RAVI SUSHA, MEMBER <br /> <br /> The complaint is filed to direct the opp.party to pay back Rs.48,000/- and interest @ 12% per annum from the date of filing of the complaint and compensation of Rs.25,000/-to the complainant and other reliefs. <br /> <br /> The averments in the complaint as follows:<br /> <br /> The opp.party on 1.1.07 entered into an agreement with the complainant for the construction work of a house as per the agreement starting on 1.1.07 and completing it on 25.2.07 as per the terms and conditions. The agreement was duly signed by the opp.party and handed over to the complainant and started the work on 2.1.2007. As per the agreement on 1.1.2007 the opp.party agreed to the complainant to commence the plastering works of newly constructing house on 1.1.2007 and to complete the work on or before 25.2.2007. But the opp.party did not complete the work in time as per the agreement. And also the opp.party committed serious deficiency of service even by <br /> leaving the work without a notice and causing serious injury and hardships to the complainant. Up to 8.3.2007 the opp.party received R s. 77400/- {Rupees seventy seven thousand and four hundred only] from the complainant. Due to the illegal acts and deficiency in service of the opp.party, the complainant suffered loss of R s.48,000/-. There is deficiency in service on the part of the opp.party. Hence prays for relief.<br /> <br /> The complainant was examined as PW.1 and marked Exts.P1 to P5.<br /> <br /> The opp.party dared not to turn up. Hence he stands declared exparte. The point to be determined is whether the complainant deserves relief as prayed for.<br /> <br /> The complainant was proved his case through the complaint, affidavit, deposition in chief and exhibits marked. The complainant was heard. As no evidence is adduced from the side of the opp.party, we are constrained to rely upon the exparte evidence. Ext.P1 shows that the opp.party had entered into an agreement with the complaint and based on Ext.P1 the opp.party had to complete the construction work on or before 25.2.2007. Ext.P2 and P3 show that the opp.party has not done anything after receiving Ext.P2 notice. Hence there is deficiency in service on the part of the opp.party. Therefore the complaint is entitled to get relief.<br /> In the result the complaint is allowed. The opp.party is directed to pay back to the complainant Rs.48,000/- with 9% interest per annum from the date of filing of the complaint. Opp.party is also directed to pay Rs.5000/- to the complainant as compensation and cost of this proceeding. The order is to be complied within with one month from the date of this order,<br /> <br /> Dated this the 3rd day of October, 2007.<br /> <br /> <br /> K. Vijayakukaran Achary :Sd/-<br /> Adv. Ravi Susha:Sd/-<br /> <br /> <br /> Forwarded/by Order,<br /> <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant<br /> PW.1. – Sagar.P.L.<br /> <br /> List of documents for the complainant<br /> P1. – Agreement<br /> P2. – Advocate notice dt. 2.4.07<br /> P3. – Postal acknowledgement<br /> P4. - Agreement<br />