Date of filing : 04-06-2012
Date of order : 13 -09-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.190/2012
Dated this, the 13th day of September 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Santhosh Kamath, S/o.Vasudeva Kamath, } Complainant
R/at near “Chithra Auditorum”,
Kizhakkumkara, Ajanoor Village,
Po.Ajanoor, Kasaragod.Dt. 671531.
(Adv.P.Narayanan, Hosdurg)
N.K.Manoj, S/o. Kumaran, “Dream House } Opposite party
Consultancy”, Near Kilas Theatre, Kanhangad
Po.Kanhnagad. Kasaragod.Dt. 671315.
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The brief facts of the case of Sri.Santhoshkumar is that against the contract entered with the opposite party to construct the house, opposite party failed to complete the construction within time and used low quality materials even after receiving full amount from complainant. That apart from the quality of the work done was not up to the mark and defective. Hence alleging deficiency in service this complaint is filed.
2. Opposite party remained absent inspite of receipt of notice sent by registered post. The opposite party had to be set exparte.
3. Complainant filed affidavit in lieu of examination-in-chief. Exts A1 to A4 marked.
4. The specific case of the complainant is that he has entrusted the construction work of his house to opposite party by entering into an agreement Ext.A1 on 06-11-2010 with opposite party. As per the agreement opposite party has to complete the work within 10 months and the percentage of work is detailed in the agreement and payments made also. But opposite party failed to complete the work within the specified time and thereby violated the terms and conditions of Ext.A1. So complainant made to sent a registered lawyer notice, Ext.A2 on 31-01-2012. Thereafter opposite party approached the complainant and promised to rectify the defects and complete the work within 2012 April and thus they entered into another agreement Ext.A4 on 9-2-2012. But so far opposite party has not completed the works as per Ext.A4. Thus the complainant has undergone great mental pain and agony, and sustained damages. He estimates a loss of 2 lakhs by way of damages.
5. As per the terms of the contract opposite party is liable to purchase the paint and he has to pay the wages of painting work. But opposite party failed to do the same and complainant purchased paint for an amount of `21,500/- and paid their charges. Moreover, he has paid the charges of plastering work also. Complainant has paid a sum of `19,65,900/- instead of paying a sum of `16,43,725/-. Thus opposite party received an excess amount of `3,22,175/-. According to the complainant opposite party is liable to return the excess amount of `3,22,175/- along with interest to the complainant which is also mentioned in Ext.A2 lawyer notice. But was not yet rectified.
6. Opposite party admitted in Ext.A4 agreement that there was deficiency in service on his part and he is liable to compensate the loss of the complainant. But so far the loss is not compensated. That is why the complainant came before the Forum.
7. As opposite party evaded from appearance before the Forum, the Forum is passing an exparte order.
In the result, complaint is allowed and opposite party is directed to return the excess amount of `3,22,175/- with a compensation of `50,000/- and cost of `10,000/- within 30 days from the date of receipt of copy this order. Failing which `3,22,175/- will carry interest @ 9% per annum from the date of order till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1.Contract Agreement
A2. 31-01-2012 Copy of lawyer notice.
A3. Postal acknowledgement card.
A4.Agreement
MEMBER MEMBER PRESIDENT
Pj/
