Date of filing  :  01-01-2011 

                                                                            Date of order  :  06-08-2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC. 02/2011

                         Dated this, the  6^th    day of     August     2011

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT.K.G.BEENA                                         : MEMBER

P.K.Mohanan,                                                            } Complainant

S/o.Kuttappan Ashari,

Puliyanoorkattil, Motta (H), Manimoola.Po,

Chengala, Kasaragod Taluk & Dist.

(Adv. U.S.Balan, Kasaragod)

Prakash Kumar.V.R, S/o. Ramu,                            } Opposite party

Ponankundu, Po. Bandadka,

Chengala.Via, Kasaragod Taluk and Dist.

(Adv.K.Karunakaran Namiar, Kasaragod)

                                                                        O R D E R

SMT.K.G.BEENA, MEMBER

            Bereft of unnecessaries the case of the complainant Sri.P.K. Mohanan is that he has entered in to a contract with opposite party  for construction of his residential house in RS No. 178 situates in Motta in Bendaduka village Kuttikkol Grama panchayath.  Even though the opposite party received `31,500/- for the basement work, he failed to complete the work.  That apart the quality of the work done was not up to the mark and defective.  Hence alleging deficiency in service the complaint is filed.

2.         According to opposite party, he undertook the basement work for `44,350/- out of which he secured only `29,500/- and `14,850/- is due from the complainant.  As per the request of the complainant, he  suspended the work due to heavy rain and the complainant is not entitled for any relief as there is no deficiency of service on his  part  and  he  prayes for the dismissal of the complaint.

3.         The matter was referred to adalath after filing  version.  Thereafter the matter was settled for `9000/- and the opposite party agreed to pay the amount in 2 instalments and  the first instalment was agreed to pay on 29-07-2011.  But on that date also neither the opposite party nor his counsel present.  It appears that opposite party is willfully evading appearance to avoid the terms of settlement  Hence  we are constrained to decide the matter  on merits and hence complainant is examined as  PW1 and Ext.A1 agreement marked.

4.         Specific case of the complainant is that the opposite party collected `31,500/- from the complainant for the basement work of the complainants house as per Ext.A1.  Eventhough the opposite party collected `31,500/- from complainant he could not complete the basement work within the stipulated period  as agreed.   Because of not attending the work the complainant has sustained  heavy loss.  The entire  sand stored at the construction site was washed away and 10 bags of  cement got damaged.    Further cement which was mixed up with jelly could not be used.  .  Several steel rods were cut by the opposite party and after cutting the same it was not used because of wrong measurement and there  by complainant suffered a loss of `14,500/-. As per Ext.A1 the total construction was entrusted to opposite party for `92,500/- and the basement work was entrusted for `31,500/-.  But no evidence was produced before the Forum to prove his case. As per Ext.A1 agreement the basement work was agreed to complete within 20^th October 2010 and the entire construction work was completed within 30^th December 2010.  It is admitted in the version that the work is not completed due to heavy rain.  It is not a believable one. In our State usually only in the period of monsoon the construction works are prevented  due to train and in all other reasons rain is not a matter of concern at all for construction works.  As a person who intends to construct a house might  have some expectations and dreams about his house.  He will be eager to complete the construction work as early as possible. Here both parties executed  an agreement (Ext.A1).  As per Ext.A1 construction  work has to be completed before 30^th December 2010.  Opposite party admits that he could not complete the basement work within time for which he blames heavy rain. It  appears to be  only a lame excuse and apparently agreement is  violated by the opposite party and thereby caused mental agony to the complainant.

            Hence we are of the view that the loss of the complainant has to be adequately compensated.  So the complaint is allowed and opposite party is directed to pay `15,000/- as compensation and `2000/- as costs to the complainant.  Time for compliance is 30 days from the date of receipt of this order failing which opposite party shall be liable to pay interest at the rate of 9% for the said amount of `15,000/- from the date of complaint till payment.

 Sd/-                                                 Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1.Agreement.
PW1. P.K.Mohanan.

    Sd/-                                                 Sd/-                                                Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by Order

                                                                         SENIOR SUPERINTENDENT