By Smt. Padmini Sudheesh, President:
The complainant’s case is that on 213.11.09 the complainant and respondent entered into an agreement with regard to construction of a residential house of complainant. As per the agreement after completing each and every stages of construction the cost of construction should be given and it is fixed as 6 stages. Accordingly after the 1st stage of construction the complainant should pay Rs.3,70,000/- to respondent. But before the basement work the respondent forced the complainant to give money and he had received Rs.9,80,000/- from complainant. The complainant had completed only the works for Rs.1,50,000/-. The construction done also is defective. The complainant submitted a complaint to the police and the respondent agreed to return the excess amount accepted by him from complainant. But so far he did not do the same. So a lawyer notice was issued but no reply so far. There is deficiency in service from respondent. Hence the complaint.
2. The respondent called absent and set exparte.
3. In order to prove the case the complainant filed affidavit and Exts. P1 to P5 documents and Ext. C1.
4. According to the complainant, the respondent failed to perform the terms and conditions of the agreement executed between the parties. It is stated that after completing the basement work of the building which costs only Rs.1,50,000/- the respondent had received Rs.9,80,000/- from complainant. So it is stated that the complainant is entitled to get back Rs.8,30,000/-. Since there is no evidence to the contrary the complaint is liable to be allowed.
5. In the result the complaint is allowed and the respondent is directed to return Rs.8,30,000/- (Rupees eight lakhs and thirty thousand only) with interest at the rate of 15% per annum from the date of agreement till realization with costs Rs.2000/- (Rupees two thousand only) within two months from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 12th day of January 2012.
