DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 7th day of December, 2023
Present : Sri.Vinay Menon V. President
: Smt. Vidya.A., Member
: Sri. Krishnankutty N K, Member
Date of filing: 24/04/23
CC/106/2023
K P Balan - Complainant
S/o Pakkan,
Kizhakkathara House,
Vandazhi P.O.
Palakkad - 678 706.
(By Adv. V R Sivadasan)
Vs
Mohammed K U - Opposite Party
S/o Ummer,
Kunnumpalla House,
Potta, Pazhayannur P.O
Trissur - 680 587
(Ex-parte)
O R D E R
Prepared by Sri Krishnankutty N K, Member
1. Pleadings of the complainant in brief
The complaint is on the issue of failure of the opposite party to complete the construction of house as per the agreement entered with the complainant. The complainant entered into an agreement for the construction of his house for an amount of Rs 15,50,000/-. The opposite party failed to complete the work as per the agreement, though the complainant has already made the full payment.
According to the complainant Rs 8,00,000/- will be required to complete the left out work and hence approached this Commission seeking the following reliefs.
(1). Rs 8,00,000/- for completing the remaining work of the house
(2). Rs 1,00,000/- for financial loss
(3). Rs 3,00,000/- for mental agony &
(4). Cost of litigation.
2. Notice was served to the opposite party. But he did not enter appearance and hence was set ex-parte.
3. As per IA 251/2023, an Expert Commissioner was appointed to visit the construction site and report the status of work mentioned in the complaint. The Expert Commissioner’s report was taken on record on 21/09/2023.
4. The complainant filed his Proof Affidavit and marked ExtA1 to A3 and C1 as evidence. Ext A1 to A3 are agreements entered between the complainant and the opposite party on 04/01/22, 25/05/22 and 22/08/22 respectively. Ext C1 is the report of the Expert Commissioner.
5. Ext A1 to A3 marked as evidence clearly shows what the opposite party had committed and the Ext C1 shows what the present position of the work is. According to the Expert Commissioner Rs 5,30,000/- will be required to complete the remaining works excluding the sit-out which is not mentioned in the plan and estimate. Hence the compensation of Rs. 7,00,000/- claimed by the complainant in the Proof Affidavit looks realistic and the opposite party is liable to pay the amount for completing the work. Further the failure of the opposite party to complete the work inspite of receiving full payment is a case of Deficiency in Service.
6. Hence the complaint is allowed ordering the following reliefs.
(a) Opposite Party shall pay the complainant Rs 7,00,000/- for completing the work along with interest @ 20% from 04/01/22 till the date of payment.
(b) Opposite Party shall pay the complainant Rs.2,00,000/-as compensation for mental agony.
(c) Opposite Party shall pay the complainant Rs 1,00,000/- for financial loss and
(d) Opposite Party shall pay the complainant Rs.25000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof till the date of payment filed.
Pronounced in open court on this the 7th day of December, 2023.
Sd/- Vinay Menon V
President
Sd/-
Krishnakutty N K
Member
