THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 483-14

Date of Institution : 02.09.2014

Date of Decision : 07.04.2015

Mohinder Singh S/o Gurbax Singh R/o 343,Kot Atma Ram,Sultanwind Road,Amritsar

...Complainant

Vs.

Kaka Dalbir Singh son of Niranjan Singh r/o village Varpali Patti Kile Wali District Amritsar (M9914203317)

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. D.P.Singh,Adv.

For the opposite party : Ex-parte

Quorum : Sh. Bhupinder Singh, President

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Mohinder Singh under the provisions of the Consumer Protection Act alleging therein that he being the owner of property No. B-962, situated at New Amritsar hired the services of the opposite party to complete all the construction work of 1087 sq.ft @ Rs.110/- per sq.ft for which total cost comes to Rs. 1,19,300/- and the building material had to be supplied by the complainant. According to the complainant opposite party agreed to complete construction work of the property without fixation of marble/tiles but upto Rauri was to be placed and fitted by the opposite party on the floors and all rooms, bath rooms, kitchen etc. Complainant has alleged that opposite party started work on 25.3.2014 and received payments from time to time and last payment of Rs. 3000/- + Rs.1500/- was made on 18.7.2014 which was full and final payment. The opposite party has received last payment of Rs. 4500/- on the pretext of his urgent needs and promised to complete the remaining/incomplete work of removing of dust of lintel of all the rooms, roofs, plaster of one old wall at the back of the room, stairs repairs, construction of front Thara within one week. But after receipt of the full and final payment the opposite party did not turn up to complete the remaining incomplete work. Besides this the opposite party worked negligently and all the drains pipes were blocked due to cement, sand concrete mortar thrown the pipes and was not removed at the time of doing work and further, cement, concrete and sand mortar for making slabs have broken and proper care was not used by the opposite party and had not given water to the cement mortar constructed material. Complainant has alleged that since 18.7.2014 he had made so many visits to the opposite party and requested him to complete the remaining work, but he did not bother to listen his requests. Complainant has further alleged that to complete the remaining incomplete work, he had hired the services of some other contractor and labour which cost Rs. 10000/- and as such the complainant has faced harassment as well as financial loss due to the deficiency of service on the part of the opposite party. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to pay Rs. 10000/- which has spent for completion of remaining incomplete work left by the opposite party. Compensation of Rs. 20000/- alongwith litigation expenses were also demanded.

2. Upon notice, opposite party put appearance through Adv.Sh.Sumit Sharma on 24.9.2014,but later on opposite party did not turn up to file written version and was proceeded against ex-parte vide order dated 21.11.2014 .

3. In ex-parte evidence complainant tendered his affidavit Ex.C-1, copies of receipts Ex.C-3 and C-3.

4. We have carefully gone through the averment of the complainant arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.

5. From the record i.e.averment of the complainant and the evidence produced on record by complainant, it is clear that complainant hired the services of the opposite party for the construction of his property bearing No. B-962, New Amritsar. As per complainant's version the opposite party agreed to complete all the construction work of 1087 sq.ft @ Rs. 110/- per sq.ft over the property, as such the total amount comes to Rs. 1,19,300/-. The building material had to be supplied by the complainant. The opposite party started work on 25.3.2014 and received payments from time to time as detailed in documents Ex.C-2 and Ex.C-3. Opposite party received last payment of Rs. 4500/- ( Rs. 3000/- + Rs.1500/-) on 18.7.2014 which was full and final payment received by the opposite party from the complainant on the pretext of his urgent need and promised to complete the remaining/incomplete work i.e. removing of dust of lintel of all the rooms, roofs plaster of one old wall at the back of the room, stairs repairs, construction of front Thara , within one week. But the opposite party did not turn up to complete the remaining incomplete work in the property of the complainant. Due to this deficiency of service on the part of the opposite party, all the drains/pipes were blocked due to cement, sand concrete mortar thrown into the pipes and was not removed by the opposite party. The opposite party has also left other job incomplete as a result of which slabs have broken. Opposite party had not given water to the cement mortar constructed material as a result of which the complainant suffered harassment, financial loss etc. The complainant approached the opposite party so many times to complete the remaining work but he did not bother to listen to the request of the complainant. Then the complainant has to get remaining incomplete work completed from other contractor/mistry Amrik Singh and labour which cost to the complainant Rs. 10000/-. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

6. In order to prove his version the complainant filed his own affidavit Ex.C-1 proving the aforesaid facts of the complaint. The complainant also produced on record the receipts Ex.C-2 and C-3 vide which the opposite party has received the payments from time to time , as such he had already received Rs. 1,19,300/- from the complainant upto 18.7.2014. The complainant also filed affidavit of Mistri Amrik Singh Ex.C-4 who deposed that he entered into an agreement to work in the house of the complainant bearing No. B-962, New Amritsar and completed the following work i.e. plaster of stairs, laten clearance fitting new pipes after removing old pipes, plaster of slabs, complete gaps on the roof, moulding filling, fix bajri on Thara, fixing slabs in order and some other minor work which previous mistri has left incomplete and he received Rs. 10000/- from the complainant for the aforesaid work.

7. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the opposite party despite service to contest the case of the complainant nor the opposite party or any person on behalf of the opposite party dared to file affidavit to rebut the case of the complainant.

8. Resultantly we hold that the complainant hired the services of the opposite party for the construction of his house bearing No. B-962, New Amritsar i.e. construction work of 1087 sq.ft @ Rs. 110/- per sq.ft and the opposite party received total amount of Rs. 1,19,300/- from the complainant as per receipts Ex.C-2 and C-3, from time to time and last payment was received by the opposite party on 18.7.2014 . But the opposite party failed to complete the work and left the work incomplete after receiving full and final payment as per agreement between the parties. The opposite party after receiving the full payment of Rs. 1,19,300/- from the complainant did not turn up to complete the remaining incomplete work despite so many requests made by the complainant. As such the complainant had to get the remaining work completed from another mistri namely Amrik Singh R/o 2585/5, Gobind Nagar, Sultanwind Road, Amritsar whose affidavit Ex.C-4 is on record and he has deposed that he completed the construction work left incomplete by the opposite party at the house of the complainant bearing No. B-962, New Amritsar and he received Rs. 10000/- from the complainant.

9. Resultantly we hold that complainant is entitled to recover this amount of Rs. 10000/- from the opposite party alongwith interest.

10. Consequently we partly allow the complaint with costs and the opposite party is directed to pay the aforesaid amount of Rs. 10000/- to the complainant alongwith interest @ 9% p.a from the date of filing of the complaint till payment is made to the complainant. Opposite party is also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

11. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

07.04.2015 ( Bhupinder Singh )

President

(Anoop Sharma)

/R/ Member