CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the12th day of February, 2013.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 19/12/2012
CC /227/2012
K. Balakrishnan,
S/o. Late. U.P. Krishnamoothan, - Complainant
Near Valampiri Ganapathy Temple,
Karnaki Nagar, Moothanthara,
Vadakkanthara P.O, Palakkad – 678 001
(By Adv.M.Prabha sankar)
Vs
K. Sumesh Menon,
S/o. E. Sethumadhavamenon,
Shreyas, River road, Valiyapadam,
Puthur, Palakkad – 678 005 - Opposite party
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Facts of the complaint in brief :-
The complainant has entered in to an agreement with opposite party on 1.06.2012 to construct a house at the expense of the complainant. The terms and conditions for constructing the house are mentioned in detail in the agreement. The expense of constructing house as per the agreement was decided as Rs. 6 lakhs and the entire amount was paid by the complainant to the opposite party on the date of execution of agreement that is on 1.06.2012 itself. As per the agreement the opposite party has to construct a 500 sq.ft. one storeyd building with red stone, door and window frames are to be formed with country wood and the front door should be in the teak wood. There are other specifications also in the agreement such as flooring with tiles, plastering, electrical work, plumbing. After the completion of the entire work the key of the house to be handed over to the complainant before 30.11.2012.
Opposite party has not cared to complete the work within the stipulated period even though the entire amount received as one time payment. The only work done by the opposite party is the foundation work. So on 18.11.2012 the complainant sent a lawyer notice to the opposite party. On 27.11.2012 the complainant received the reply notice stating false contentions and demanding 6 months time more to complete the construction work.
The opposite party has not completed the house construction within the stipulated period. The cost of the materials has been increased and now the complainant has to spent 2 lakhs more over and above the payment made. So the complainant praying an order directing the opposite party to refund the amount of Rs. 6 lakh along with 9% interest from 1.06.2012 and Rs. 2 lakhs as compensation along with cost of the proceedings.
Opposite party has not appeared before the forum even though notice served and remain exparte.
Complainant filed chief affidavit and Ext. A1 to A3 marked.
Heard
Issues to be considered are
1. Whether there is any deficiency of service on the part of opposite party ?
2. If so what is the relief and cost?
Issues I and II
Complaint is regarding the deficiency of service on the part of oppoisite party in constructing the residential house. On 1.06.2012 the complainant and opposite party entered in to an agreement for constructing 500 sq.ft. house within 6 months that is on 30.11.2012. An amount of Rs. 6 lakhs has been decided as the expense of the house construction and the entire amount has been paid on the date of agreement itself. In the agreement some specifications are mentioned as the wall to be constructed with red stones, flooring with tiles, frame of doors and windows are of country wood, front door with teak wood etc. All these are evident from Ext. A1 document. In Ext. A3 document, reply notice sent by the opposite party, opposite party admits the agreement and he is in receipt of Rs. 6 lakhs. Ext. A3 also demanding 6 months time more to complete the house. Reason stated is the financial problem. The complainant has paid the entire amount as per the agreement on the date of agreement itself. So that the demand for 6 months more to complete the work can't be justifiable.
Complainant stated in the complaint that only the foundation work has completed. The complainant has not taken any steps to prove the same. So that there is no evidence before the forum to calculate the amount spent by the opposite party towards the foundation work. The house mentioned in the agreement is of 500 sq.ft. So we assume that Rs. 1 lakh will be sufficient to construct the foundation.
From the above facts and circumstances we are of the view that the opposite pary is deficient in service.
In the result complaint allowed. Opposite party is directed to refund an amount of Rs. 5 lakhs ( Rupees Five lakhs only) along with Rs. 5,000/- ( Rupees Five thousand only) as compensation and Rs. 1,000/- ( Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 12th day of February, 2013.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– Agreement between complainant and opposite party dtd. 1.06.2012 (original)
Ext. A2- Lawyer notice and postal reciept sent by the complainant to the opposite party dtd. 18.11.2012 (original)
Ext. A3- Reply notice sent by the opposite party to the complainant dtd. 27.11.2012 (original)
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs. 1000/- (One Thousand only )allowed as cost of the proceedings.
