Date of filing : 02-11-2011
Date of order : 31-03-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.290/2011
Dated this, the 31st day of March 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
B.P.Ramachandran, S/o. Late Kannan, } Complainant
R/at Narimalam, Kinanoor village,
Hosdurg Taluk, Kasaragod.Dt.
(Adv. Rajendrakumar.K.V, Hosdurg)
P.P. Muhammadali, S/o. O.T. Abdulla Haji, } Opposite party
R/at Narimalam, Kinanoor Village
Hosdrg Taluk, Kasaragod.Dt.
( Exparte)
O R D E R
SMT. K.G.BEENA, MEMBER
The case of the complainant Sri. Ramachandran is against the contract entered with opposite party to construct an unpstair of the existing house along with some modification in the ground floor, opposite party failed to complete the construction though he received more amount that is stipulated. That apart the quality of the work done was not up to the mark and defective. Hence alleging deficiency in service this complaint is filed.
2. Notice to opposite party returned unserved with the reason ‘out of India’. Therefore substituted service is ordered. Complainant produced paper publication on 13-03-11. On that day opposite party called absent set exparte. Complainant filed proof affidavit in support of his case. Exts A1 to A6 marked. Heard the complainant.
3. The facts of the case is that due to the inducement and instigation of opposite party an agreement was executed on 3-1-2011. As per the agreement the construction will be completed within 30-06-2011. On the same day opposite party collected `3,00,000/- as initial payment and part consideration. But opposite party did not completed the house as agreed upon, the construction work of the house is reached only up to lintel level in total opposite party received `4,75,000/- from the complainant. Thereafter opposite party failed to come to the work site.
4. As per the agreement it is specifically stated that the material used for construction must be in good quality. But opposite party used only sub standard materials like the 2nd quality stones and lower quality wooden materials. While starting the work itself the complainant changed his residence along with family to a rented house at Kanhangad. Due to the deficiency of service and unfair trade practices on the part of opposite party, complainant suffered a lot of financial loss and pain. Delay in completing the work also caused a further loss. Due to scarcity and steep increase in the cost of materials and wages. Complainant was constrained to give rent for a long period as the opposite party left the work unfinished. Ext.A2 is the certificate of estimate issued by the Engineer. Opposite party received an amount of `4,75,000/- for the work, out of which, `2,64,410/- he spent for construction up to lintel level. Opposite party received an excess amount of `2,10,590/- from the complainant. Keeping the said excess amount in hand, the opposite party left the work unfinished and thereby violated the agreement, and caused mental agony and financial loss to the complainant. This shows deficiency of service and unfair trade practice followed by the opposite party. Therefore the complainant is entitled for compensation and cost of this litigation.
In the result, complaint is allowed. Opposite party is directed to return the excess amount of `2,10,590/- with 9% interest with a compensation of `50,000/- and cost of `3000/-. Time for compliance is 30 days from the date of this order. Failing which the amount of `2,10,590/- will carry interest at the rate of 15% from today till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1. Agreement.
A2. Photocopy of Certificate of Estimate issued by Lasitha.N..
A3.Photocopy of possession certificate
A4. Plan of the house
A5.3-1-2011 Receipt issued by OP to complainant for an amount of `3,00,000/-
A6. 24-03-2011 Receipt issued by OP to complainant for an amount of `1,75,000/-
MEMBER MEMBER PRESIDENT
Pj/
