By G. Yadunadhan, President:

            The case of the complainant is that complainant had arranged the permission and plan for the construction of an additional storey on the existing house through opposite party No.3.  Opposite party No.3 entrusted the contract work to opposite parties 1 and 2.  After agreeing the estimate given, opposite parties 1 and 2 started the work.  Complainant entrusted Rs.25000/- to the opposites parties for this work.   On 19.4.2006 the work was started and when it reached up to the lintel level, before starting the slab work, opposite parties demanded to measure the work done by them.  Accordingly, when it was measured, opposite parties stated that the charges for the work done will come to Rs.25000/-.  After the measurement, the slab work again started.  But the work done by the opposite parties 1 and 2 was defective and due to the deficiency of the work, complainant suffered a lot and also the poor workmanship caused permanent leakage and structural instability to his house.  Complainant approached the opposite parties on several times and personally requested to rectify the defects.  But they refused to do so.  Hence the complainant is seeking relief against the opposite parties to return an amount of Rs.47,000/- with cost.

            After serving notice, opposite parties 1 and 2 called absent and set exparte.  Opposite party No.3 entered in appearance and filed version denying all the allegations made by the complainant.  When the case was specifically posted for evidence on 18.2.2009, all the opposite parties are called absent and set exparte.

            Complainant filed affidavit and he was examined as PW1.  Exts. A1 to A8 were marked on the side of the complainant.  Expert Commissioner’s report was also marked as X1.

            From the evidence of the complainant, Exts. A1 to A8 and Ext. X1, complainant’s case is proved.

            In the result petition is allowed and the opposite parties are directed to return an amount of Rs.25,000/- and also to pay a compensation of Rs.5000/- with no costs.  Opposite parties are jointly and severally liable to compensate the complainant.  Comply the order within 30 days of receipt of the copy of this order.

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

                                    Sd/-President                                              Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of the plan.

A2            Photocopy of the estimate.

A3            Photocopy of the petition filed by the complainant before the Police Station,

            Medical College, Kozhikode.

A4            Photocopy of the lawyer notice dated 4.10.06 sent by the complainant to the

            Opposite parties along with photocopy of postal acks. and receipts.

A5            Photocopy of reply dated 23.10.06 to Ext. A4 lawyer notice sent to 1^st O.P.

A6            Photocopy of reply dated 25.10.06 to Ext. A4 lawyer notice sent to 2^nd O.P.

A7            Photocopy of reply dated 07.11.06 to Ext. A4 lawyer notice sent to 3^rd  O.P.

A8            Sanction letter and approved copy of the plan of complainant’s house.

X1            Commission Report dated 10.11.2008.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant.

PW1     Babu Raj.N., S/o. Bhaskaran, “Pranavam” – Complainant.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.