DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 16th day of July, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, Member<br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.160/2006<br /> <br /> Reji Jacob,<br /> S/o.Palakkuzhi P.M.Chacko,<br /> 4/152 (4), C.N.Puram,<br /> Palakkad Municipality,Palakkad - Complainant <br /> <br /> Vs<br /> <br /> M.K.Murukan,<br /> Building Contractor,<br /> S/o.Kasu,<br /> Madathimpadi, Keezhathur,<br /> Asarithara, Champrakulam,<br /> Kottayi Post, Palakkad. - Opposite party <br /> <br /> <br /> O R D E R<br /> <br /> By Prof.O.Unnirkrishnan, Member<br /> <br /> On 07.12.2006, the complainant executed an agreement with opposite party to complete the complainant's house and the complainant paid Rs.20,000/- towards advance. As per the stipulations in the agreement the balance amount will be paid only after completion of the work i.e. by 10.11.2006. But the opposite party did not turn up to start the work till the date of filing this complaint. Complainant alleges that when the complainant tried to contact the opposite party several times. But the opposite party evaded. The opposite party did not respond to the notice sent by the complainant on 18.11.06. Complainant alleges that the acts of the opposite party amounts to deficiency in service. Hence he approached this forum praying to direct the the opposite party to refund Rs.20,000/- already paid to the opposite party as advance on 07.12.06, compensation of Rs.10,000/- for the mental agony suffered by <br /> : 2 :<br /> the complainant by the acts of opposite party and to grant permission to complete the work.<br /> <br /> Complaint admitted and notice was served to the opposite party. But the notice was returned 'unclaimed'. Hence the opposite party was called and set ex-parte.<br /> <br /> Complainant filed an I.A.No.066/2007 seeking permission to continue further construction. I.A was allowed.<br /> <br /> Complainant filed affidavit and Ext.A1 to A4 was marked on the side of complainant. As per the request of complainant an Expert Commission was appointed and the report of the Commissioner was marked as Ext.C1. Complainant filed objections to commission report.<br /> <br /> Evidence was closed and matter was heard. We have perused the documents produced by the complainant. Ext.A2 is the Karar executed by the complainant and the opposite party. It is evident from Exbt.A2 that the opposite party had received an amount of Rs.20,000/- from the complainant. The Expert Commissioner has also reported in his report that the work as per agreement is not done so far by the building contractor. In view of the above facts and circumstance it is clear that the opposite party has committed deficiency of service. In the result we are inclined to allow this complaint.<br /> <br /> Hence we direct the opposite party to refund an amount of Rs.20,000/- to the complainant along with Rs.1,000/- as compensation for the mental agony suffered and Rs.500/- as costs within a period of one month from the date of communication of this order failing which the complainant is entitled to get 9% interest for the whole amount from the date of order till realisation.<br /> <br /> : 3 :<br /> Pronounced in the open court on this the 16th day of July, 2007 <br /> <br /> Member (Sd)<br /> <br /> Member (Sd)<br /> <br /> Appendix<br /> Exhibits marked on the side of complainant <br /> Ext.A1 – List of documents<br /> Ext.A2 – Agreement executed between the complainant and opposite party dtd.7.10.06<br /> <br /> Ext.A3 (Series) 3 in Nos. - Notice dtd.18.11.06 issued by the Consumer Protection Centre on behalf of the complainant to opposite party, receipts, acknowledgement card etc.<br /> <br /> Ext.A4 – Lawyer notice dtd.15.12.06 issued to the opposite party by complainant <br /> <br /> Exhibits marked on the side of opposite party <br /> <br /> Nil<br /> <br /> Forum's exhibits<br /> <br /> Ext.C1 – Commission report<br /> <br /> Costs (allowed)<br /> <br /> Rs.500/- (Rupees Five hundred only) allowed as costs to the complainant