DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  23^th   day of September 2017

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                 Date of filing:  05/03/2016

               : Sri.V.P.Anantha Narayanan, Member

   (C.C.No.35/2016)

A.Aboobacker,
S/o Abdul Khader,
Puthanpeedekayil House ,

Lal Nagar, Puduppariyaram.                                    -        Complainant

Palakkad

(Advs.A.V.Ravi & A.V.Arun)

 V/s

Muhammed Iqbal,                                                    -       Opposite party

S/o Abdul Razaq,

K.P.House,

Marutharode PO, Palakkad.

(Adv.John John)

O R D E R

By Smt.Suma.K.P. Member,
         

The complainant here in had entrusted the building construction work for his residential purpose situated at Puthupariyaram -2 Village at Lal Nagar, to the opposite party in the month of January 2012 by way of an oral agreement.  Further the complainant states that he had paid an amount of Rs.20 lakhs to the opposite party but the opposite party failed to complete the construction work in a time bound manner.  According to the complainant the opposite party constructed walls of the building and also constructed RC slab (Roof) of ground floor and 1^st floor without affecting the plastering work.  Subsequently, he abandoned without completing the work and thereby he has receive an amount of Rs. 10 lakhs, more than the amount actually spend for the construction work.  It is also submitted that the foundation as well as the basement work was constructed by the complainant himself.  The bricks for the construction work were also supplied by the complainant.  When the opposite party abandoned without completing the work in the year 2013, the complainant demanded to finish the same on or before 31.03.2014 but there was no positive approach from the side of the opposite party.  Complainant alleges that during April 2014, the opposite party informed the complainant that he is unable to finish the work and also promise to repay Rs.10 lakhs received by him in excess within two months.  There after the opposite party failed to return the amount.  The complainant himself completed the entire construction work spending a huge amount for which complainant sustained heavy monitory loss because of the increase in the wages as well as the cost of raw materials.  Thus the complainant alleged deficiency of service and unfair trade practice from the side of the opposite party.  A complaint was launched on 22.06.2015 before the Hemabika Nagar Police Station but no action has been taken due to the high influence of the opposite party.  Thus the complainant had approached before this Forum for the redressal of grievance and also for the realization of amount of Rs.10 lakhs paid by the complainant in excess to the opposite party and also to grant Rs.10 lakhs as damages for the deficiency in service and unfair trade practice from the side of the opposite party. 

Opposite party entered appearance upon notice from the Forum and filed version contending that the entire work has been completed by him by spending an amount of Rs.20,76,715/- from his own pocket.  According to the opposite party the entire construction has been completed by him and he received only Rs.7 lakhs from the complainant and an amount of Rs.14,80,515/- is to be paid by the complainant, including 5 % remuneration towards his supervision charges.  According to the opposite party he sent a notice to the complainant demanding Rs.14,80,515/- but no amount has been paid by the complainant.  There is no deficiency of service from the side of opposite party and hence the complaint has to be dismissed.

Complainant filed chief affidavit along with original documents.  Opposite party filed application as IA 364/2016 to amend the version.  Since the amendment sought will not affect the nature of the case or does not cause any prejudice to the complainant, the application was allowed.  Accordingly version was amended.  Opposite party filed affidavit along with documents.  Complainant filed application as IA 77/2017 seeking permission to cross examine the opposite party.  Opposite party also filed application has IA 100/2017 seeking permission to cross examine complainant.  Complainant was cross examined as PW1.  Exts.A1 to A77 was marked from the side of the complainant.  Opposite party was cross examined as DW1.  Ext.B1 was marked from the side of the opposite party.  Evidence was closed and matter was heard. 

The following issues that arises for consideration are.

1.Whether there is any deficiency of service from the part of opposite parties ?

2.If so what are the relief and cost?

Issues 1 &  2

We have perused the documents as well as affidavits filed by the

parties.  Complainant had produced Exts.A1 to A77.  According to the opposite parties all the Exts. were handed over to the complainant by himself.  During cross examination the complainant had admitted that “2012 Unkw_À amkw Ft¶mSv FXnÀI£n 20 e£w cq] Bhiys¸«p.  AX\pkcn¨v Unkw_À 30 mw Xn¿Xn Rm³ B kwJy FXnÀ I£n¡v sImSp¯p.  AXn\p ap³]v FXnÀ I£n kz´w ssIbn \n¶pw ss]k FSp¯v ]Wn XpS§nbncp¶p.  AXphsc (Unkw_À 30 \v ss]k sImSp¡p¶Xn\p ap³]v hsc) F\n¡v ]Wnbn Hcp Xr]vXn¡pdhpw D­mbncp¶nÃ.  (Pg.2 of the deposition of PW1)  He further stated that B ss]k sImSp¯Xn\v tcJbnÃ.  km£nbp­mbncp¶p.  hnizmk¯nsâ t]cn sImSp¯XmWv.  ss]k Iymjv Bbn«mWv sImSp¯Xv.  Rm³ ISw hm§n kzcq]n¨XmWv”.  If that be so, the complainant ought to have examined any one of the witnesses to prove the alleged transaction.  According to the opposite party the entire construction has been completed by the opposite party and he received only Rs.7,00,000/- (Rupees seven lakhs only) from the complainant and an amount of Rs.14,80,515/- (Rupees fourteen lakhs eighty thousand five hundred and fifteen only) is to be paid by the complainant, including 5% remuneration towards his supervision charges.  The case of the complainant is that the opposite party had abandoned the construction and he had completed the construction by himself spending a huge amount.  But the complainant had not taken any steps to prove from which stage the opposite party had stopped the construction and from where he had started his construction.  What was the amount spend by the complainant to complete the construction was also not properly proved by any experts.  Complainant had  stated in the complaint that he had lodged a police complaint before the Hemabika Nagar Police Station on 22.06.2015.  But no evidence is produced before the Forum to prove with regard to the result of the said petition.  The opposite party had issued a lawyer notice to the complainant demanding for the balance payment on 03.07.2015.  But the complainant had not sent any reply to the said notice.  Only after issuing the said notice the above complaint was filed by the complainant alleging deficiency of service on March 2016.  But the complainant had not proved any type of deficiency in the alleged construction by means of any expert evidence.  From the above discussion it is viewed that the above complaint is filed for the realisation of excess amount alleged to have been paid to the opposite party by the complainant.  Such type of complaint cannot be tried before this Forum and it is purely a civil dispute.  Settlement of accounts between the party has to be adjudicated before a competent Civil Court.  The complainant had failed to prove the allegations alleged in the complaint and hence it is devoid of merits.  Hence the complaint is dismissed without cost. 

Pronounced in the open court on this the 23^rd    day of September 2017.

                                                                                                                                Sd/-

                      Shiny.P.R.

                      President 

                         Sd/-      

                      Suma.K.P.

                      Member

                          Sd/-

    V.P.Anantha Narayanan

                    Member

Appendix

Exhibits marked on the side of complainant

Ext.A1  -  Photo copy of police complaint sent by the Complainant against the opposite

              Parties dated. 22.06.2015

Ext.A2   – Original receipt No.172 dated.11.11.2013 from Super Tiles Decors for

               purchase of the  Roof Tiles

Ext.A3   – Original cash/credit invoice  No.636 dated.14.12.2013 from Marhaba Steels    

Ext.A4   - The details of furniture work and receipt dated.24.01.2014

Ext.A5   - Work details of painting and receipt dated. 20.01.2014

Ext.A6 -  Work details of painting and receipt dated. 09.06.2013

Ext.A7 -  Work details of painting and receipt dated. 23.01.2014

Ext.A8 - Original invoice dated.08.01.2014 for purchasing flooring and sanitary ware

Ext.A9 - Original Cash Bill from Sowgandh Complex dated.09.12.2013

Ext.A10- Original cash invoice no.B00232 dated.16.11.2013 of Power Solution

Ext.A11- Original Cash Bill No.897 dated.17.11.2013 of Techno Alloys
Ext.A12- Original Cash Bill No.2935 dated.07.01.2014 of Kable Point, Palakkad

Ext.A13- Original order form dated. 03.05.2013 of Sri Vinayaka Cement Works

Ext.A14- Original cash invoice No.B01106 dated.13.12.2013 of Logic Infotech

Ext.A15- Original cash invoice No.B01106 dated.16.11.2013 of Logic Infotech

Ext.A16- Original cash invoice No.B01008 dated.16.11.2013 of Logic Infotech

Ext.A17- Original cash invoice No.B01384 dated.20.02.2014 of Logic Infotech

Ext.A18- Original cash invoice No.6466 dated. 02.11.2013 of Best Hard Ware, Palakkad

Ext.A19- Original cash invoice No.6466 dated.02.11.2013 of Best Hard Ware, Palakkad

Ext.A20- Original cash bill dated. 02.11.2013

Ext.A21- Cash Bill No.6530 dated. 05.11.2013 of Best Hardware, Palakkad

Ext.A22- Cash Bill No.6624 dated. 08.11.2013 of Best Hardware, Palakkad

Ext.A23- Cash Bill No.4512 dated.12.12.2013

Ext.A24- Invoice No.7645 dated. 12.12.2013 of Best Hardware, Palakkad

Ext.A25- Invoice No.8604 dated. 14.01.2014 of Best Hardware, Palakkad

Ext.A26- Original Cash Bill No.972 dated. 25.04.2013 of Vinalax Paint House, Palakkad

Ext.A27- Original Cash Bill No.1269 dated. 03.05.2013 of Vinalax Paint House, Palakkad

Ext.A28- Original Cash Bill No.1574 dated.11.05.2013 of Vinalax Paint House, Palakkad

Ext.A29- Original Cash Bill No.1786 dated. 18.05.2013 of Vinalax Paint House, Palakkad

Ext.A30- Original Cash Bill No. 2106 dated. 27.5.2013 of Vinalax Paint House, Palakkad

Ext.A31- Original Cash Bill No.2501 dated. 07.06.2013 of Vinalax Paint House, Palakkad

Ext.A32- Original Cash Bill No.7265 dated. 13.12.2013 of Vinalax Paint House, Palakkad

Ext.A33- Original Cash Bill No.7396 dated. 17.12.2013 of Vinalax Paint House, Palakkad

Ext.A34- Original Cash Bill No.7394 dated. 17.12.2013 of Vinalax Paint House, Palakkad

Ext.A35- Original Cash Bill No.7786 dated. 28.12.2013 of Vinalax Paint House, Palakkad

Ext.A36- Original Cash Bill No.8044 dated. 03.01.2014 of Vinalax Paint House, Palakkad

Ext.A37- Original Cash Bill No.8381 dated. 11.01.2014 of Vinalax Paint House, Palakkad

Ext.A38- Original Cash Bill No. 8387 dated.11.1.2014 of Vinalax Paint House, Palakkad

Ext.A39- Original receipt No.30895 dated.29.03.2013 of M/s K.A.V.Shaik Rowther, Big

            Bazar, Palakkad

Ext.A40- Original receipt No.30901 dated.30.03.2013 of M/s K.A.V.Shaik Rowther, Big

            Bazar, Palakkad

Ext.A41- Original receipt No.31211 dated.29.07.2013 of M/s K.A.V.Shaik Rowther, Big

            Bazar, Palakkad

Ext.A42- Original Quotation No.001363 dated.29.3.2013 of M/s K.A.V.Shaik Rowther,

             Big  Bazar, Palakkad

Ext.A43- Original Retail Invoice Credit Bill No.B005945 dated.30.03.2013 of

             M/s K.A.V.Shaik Rowther, Big  Bazar, Palakkad

Ext.A44- Original Retail Invoice Credit Bill No.B000084 dated.06.04.2013 of

             M/s K.A.V.Shaik Rowther, Big  Bazar, Palakkad

Ext.A45- Original Retail Invoice Credit Bill No.B001774 dated.29.07.2013 of

             M/s K.A.V.Shaik Rowther, Big  Bazar, Palakkad

Ext.A46-Original Bill dated.06.07.2013 of Rakesh Marbles, Palakkad

Ext.A47- Original Quotation dated.28.03.2013

Ext.A48- Original Quotation dated.10.06.2013

Ext.A49- Original Quotation dated.02.07.2013

Ext.A50- Original Quotation dated.02.07.2013

Ext.A51- Original Tax Invoice No.2992 dated.02.07.2013 of Rakesh Marbles, Palakkad

Ext.A52- Original Quotation No.13 dated.31.07.2013

Ext.A53- Original Quotation No.3 dated.03.09.2013

Ext.A54- Original Quotation No. 12 dated.12.10.2013

Ext.A55- Original Quotation No. 6 dated.30.12.2013

Ext.A56- Original Quotation No. 1 dated.30.12.2013

Ext.A57- Original Retail Invoice Bill No.8349 dated.30.12.2013 of Rakesh Marbles,

              Palakkad

Ext.A58- Original Tax Invoice No.8348 dated.30.12.2013 of Rakesh Marbles, Palakkad

Ext.A59-Original Cash Invoice No.435 dated.16.04.2013 of Jayaraj Pipe Traders,

              Palakkad

Ext.A60- Original Cash Invoice No.8902 dated.18.03.2013 of Jayaraj Pipe Traders,

              Palakkad

Ext.A61-Original Cash Invoice No.15445 dated.26.03.2013 of Radio Electric Emporium,

              Palakkad

Ext.A62-Original Cash Invoice No.15081 dated.18.03.2013 of Radio Electric Emporium,

              Palakkad

Ext.A63- Original Estimate invoice No. 18862 dated.25.03.2013

Ext.A64- Original Invoice No.3901 dated.26.03.2013 of Ayappa Electricals, Palakkad

Ext.A65- Original Retail Invoice No.616 dated.03.06.2013 of Cochin Steel Corporation,

              B.O.C Road, Palakkad

Ext.A66- Original Estimate of Electrical Goods

Ext.A67- Original Estimate of mud filling/plinth bleam

Ext.A68- Original Estimate of Materials and Labour statement dated.12.12.2013

Ext.A69-Original Estimate of electrical goods dated.23.12.2011

Ext.A70-Original Invoice No.4212 dated.30.12.2013 of Royal Floorings and Sanitary

             ware

Ext.A71- Original Bill dated.01.04.2013 of Rakesh Marbles, Palakkad

Ext.A72- Original receipt No.5499619 dated.13.09.2013 issued by Pudupariyaram

               Gramma Panchayath for the construction of building to the complainant

Ext.A73-Original receipt No.6025 dated.15.07.2013 issued by Pudupariyaram Gramma

             Panchayath

Ext.A74- Original Building permit issued by Pudupariyaram Gramma Panchayath dated.

              22.04.2010 of the complainant

Ext.A75- Plan of the Constructed House submitted by the complainant to

              Pudupariyaram Gramma Panchayath

Ext.A76- Original Labour charge details of Tiles work done by the complainant’s house

             Dated.16.06.2014 issued by Sanju.S

Ext.A77- Original Labour details of PVC Door Works done by M.K.Associates, Palakkad

             In Complainant house dated. 25.06.2014

Exhibits marked on the side of Opposite parties

Ext.B1-  Photo copy of Opposite party advocate Shri.John John issued a notice to the

            complainant dated.03.07.2015

Witness examined on the side of complainant

PW1- Aboobaker.A

Witness examined on the side of opposite party

DW 1 – Muhammed Iqbal

Cost   

          Nil

Forwarded/By Order,

Senior Superintendent

Fair copy on    :  12/10/2017

Despatched on :