DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 11th day of July, 2023
Present : Sri.Vinay Menon V., President
: Sri.Krishnankutty N.K., Member Date of filing: 22/10/2022
CC/201/2022
Bhaskaran Nair,
Manghat House,
Thekkethara, Kunissery Amsom,
Kunissery (PO),
Alathur Taluk
Palakkad – 678 681 - Complainant
(By Adv. P.A.Surendran)
V/s
Madhavadas a/s Shaji,
S/o Bhaskaran,
Thekkedath (House),
Kunissery Amsom,
Alathur Taluk,
Palakkad – 678 681 - Opposite party (By Adv. N.Rajesh)
O R D E R
By Sri.Krishnankutty.N.K., Member
1. Pleadings of the complainant in brief.
The complainant entered into an agreement on 22.09.2018 with the opposite party for constructing an RC Building demolishing his old house and paid Rs.21,60,000/- within 3 months of execution of the agreement at various stages of construction. His allegation is that the opposite party failed to undertake the construction as per terms and conditions of the agreement and work worth Rs. 4,52,000/- is yet to be completed by the opposite party.
The complainant filed a petition before the Station House Officer, Alathur Police Station on 13.03.2020 and the opposite party appeared before the police and promised to complete the work by March 2021.
Since the opposite party failed to complete the work as promised, this complaint is filed seeking a compensation of Rs.4,52,000/- to complete the remaining work, Rs.5,00,000/- for mental agony and financial loss and Rs.25,000/- as cost.
2. Notice was issued to the opposite party, he entered appearance, but failed to file version within the statutory forwarded. Hence the version was rejected and case was proceeded ex-parte.
3. The complainant filed proof affidavit and marked Ext. A1 to A4 as evidence. Ext.A1 is the copy of the agreement entered between the complainant and the opposite party dated 22/09/2018, Ext.A2 & A3 are the endorsements made by the opposite party for the amounts received from the complainant and A4 is the complaint lodged by the complainant at Alathur Police Station.
4. In the absence of any counter pleadings from the side of the opposite party, this Commission is left with only the evidence adduced by the complainant to reach a conclusion on the merits of the case. The proof affidavit & the Exhibits marked from the side of the complainant in the absence of any counter is sufficient to prove a prima-facie case against the opposite party.
5. As the complainant succeeded in proving a prima-facie case against the opposite party, the complaint is allowed as follows.
- The opposite party is directed to pay Rs. 4,52,000/- being the cost of the remaining work to be done @ 10% interest from 22/9/2018 till the date of payment.
- The opposite party is also directed to pay Rs.2,00,000/- as compensation for mental agony & financial loss.
- Rs.25,000/- as cost.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium per month or part thereof till the date of payment.
Pronounced in open court on this the 11th day of July, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Documents marked from the side of the complainant:
Ext. A1: Copy of agreement dated 22/09/2018.
Ext. A2: endorsements made by the opposite party for the amounts received from
the complainant.
Ext. A3: endorsements made by the opposite party for the amounts received from
the complainant.
Ext. A4: complaint lodged by the complainant at Alathur Police Station
Documents marked from the side of opposite party : NIL
Witness examined from the complainant’s side : NIL
Witness examined from the opposite parties side : NIL
Cost Witness : Nil
Cost : Rs.25,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
