The complainant is the owner of the plot no.398/673(LR), nature: Bastu, J.L no.246, mouza: Bakshinagar, under Khatian no.1010 area 1(one) acre P.S.- Habibpur. She gave contract to the OP namely Jiarul Sk for construction of her house consists of one room and a toilet. For the contraction, OP demanded Rs.70,000/-(seventy thousand) which she paid. But OP gave no receipt of her payment. Subsequently after construction complainant found that a groove remained on the roof of the house which creates damage to the roof of construction. An agreement was made in between them  with regard to the complete construction in well manner without any fault before Notary public in presence of witness on 18/07/2019 where OP under took to cure the defect at his construction. But OP did not do so. Hence this case arose.

          OP appeared by Vokalatnama but subsequently took no step.

          In order to substantiate complaint complainant filed the agreement under notary dated 15/07/2019 and record of right of land under construction.

She examined herself in writing in affidavit and also examined another witness of her agreement.

          This commission carefully perused the complaint and evidence and confined documents. We find, complainant by holding any local inspection did not evidence any proof of creation of groove by the OP on the roof which she ought to do. However relying on her ex-parte unchallenged evidence both oral and documentary, this commission is directing the OP to cure/mend/repair the defect of the roof alleged as created by the OP within three month from the order.

Thus the case is disposed summarily.

Hence            ordered,

 that the complaint is allowed in ex-parte. OP is directed to cure/mend/repair the defect of the roof of the complainant as constructed by him within three month from the date of the order at his own cost otherwise complainant is at liberty to realize the amount of Rs.70,000/-(seventy thousand) as construction cost i/d execution of this final order as per consumer protection act 2019.

Let a copy of this order be given to the parties free of cost.