By G. Yadunadhan, President:

            The case of the complainant is that complainant had entrusted an amount of Rs.10,000/- to the opposite party for the purpose of constructing of a house belonging to the complainant.  After a lapse of one month, opposite party again demanded an amount of Rs.15,000/-.  Complainant paid this amount also to the opposite party.  But the construction of the house was not done by the opposite party.  Therefore complainant requested to the opposite party to return the amount of Rs.25,000/-.  After repeated demands opposite party has refused to return the amount to the complainant.  Hence  the complainant is seeking relief against the opposite party to pay the amount of Rs.25,000/- and a compensation of Rs.10,000/- along with costs.

            Opposite party entered in appearance and filed version denying all the allegations made by the complainant.  Opposite party stated that he had never entered any agreement with the complainant for any of the work and not realized any amount from the complainant.  Under these circumstances opposite party prays to dismiss the complaint.

            Points for consideration:  Whether the complainant is entitled to get any compensation?

            Complainant was examined as PW1 and Ext. A1 was marked on the side of the complainant.  Opposite party has no oral or documentary evidence. 

            On 5.10.2009 opposite party was called absent and set exparte.  Complainant produced Ext. A1 document.  On perusal of the Ext. A1 document, no action was seen taken against the opposite party by the Quilandy Station House Officer.  Except the Ext. A1 document, no other documents or evidence were produced by the complainant to prove her case.  In the absence of any documents supported by the complainant’s case, Forum cannot go along with the oral testimony of the complainant.  Even though no documents produced by the complainant, she would have produce witness for substantiating her case.  That was also not done in this case.  In these circumstances, we are of the opinion that complainant has failed to prove her case before this Forum  and hence there is no merit in this complaint.  Therefore, complaint is liable to be dismissed.

            In the result petition is dismissed with no cost.

            Pronounced in open Court this the 27^th day of October 2009.

                        Sd/-President               Sd/-Member                 Sd/-Mmber

APPENDIX

Documents exhibited for the complainant:

A1        Photocopy of the petition filed by the complainant before the Station House Officer, Quilandy.

Documents exhibited for the opposite party:

Nil.

Witness examined for the complainant:

PW1     Jameela, D/o. Muhammed, Peruvattur, Areekkunnu.

Witness examined for the opposite party:

None.

-/True copy/-

(Forwarded/by Order)

Senior Superintendent.