SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint U/s 35 of Consumer Protection Act 2019 for seeking direction against opposite party to pay Rs.3,50,000/- towards the expense incurred is purchasing goods and items and the amount paid to opposite party. The complainant is also seeking Rs.1,00,000/- from opposite party towards mental agony he suffered.
Complaint in brief
According to the complaint, the complainant entrusted OP to construct compound wall as well as to dig well in his property. After that OP approached complainant and told that he has the experience in the house construction field and he is ready to construct basic foundation and wall if the complainant permits. On the basis of acquaintance and also believing the words of OP, complainant entered into a contract on 25/12/2020 between OP that the work of foundation should be completed within 2021 June and wall within 31st June 2022. The complainant had paid total consideration of Rs.3,50,000/- to OP for the materials supplied including the contractual amount. To the surprise of complainant, the foundation started to show cracks on March 2021 when the rain starts. At that time complainant came to understand that, OP constructed foundation without checking the strengthness of soil and failed to built pillar before the foundation. The concrete pillar laid only after the completion of basement and there by the foundation cracked. Thereafter, the OP admitted during the local mediation that he has no experience in the field of construction of houses and he is ready to pay the expense if the complainant built a new foundation. The complainant completed the foundation with another contract but the OP evaded from the promise of payment of expense to complainant. The OP gain unjust enrichment and practiced deficiency in service as well as unfair trade practice and hence this complaint.
After filing the complaint, commission issued notice to OPs. The OP is received the notice and not appeared before the commission and not filed any version. Hence the commission held that OP has no version and the case proved against OP as set ex-parte.
Even though OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called up on to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 2 documents as marked as Ext. A1 series the photographs of foundation work and Ext.C1 is the expert commission report. The complainant was examined as Pw1. So the OP is remained absent is this case. At the end the commission heard the case on merit.
On the perusal of expert commission report (C1) which is the main document produced by complainant, it is seen that a new incomplete house was constructed in the property and demolished foundation and it’s remains are seen which is on the back side of the newly constructed on the soil which has no strengthness. The commission looked in to the photographs which is marked as Ext.A1 (series) produced by complainant in which no time or date is specified but expert filed his report stating that as per the plan the cost of foundation is Rs. 2 lakhs and demolishing charges will be Rs.35,000/-. Moreover there is no direct documentary evidence to show the transaction of payment to OP as mentioned by complainant in his complaint. On the basis of expert commission opinion (C1) and Ext.A1 series and chief affidavit, the commission came into a conclusion that complainant is entitled to get compensation from the OP. The OP had given fair chances to appear before the commission and to defend his case and OP choose to remain as ex-parte. So the commission came into a conclusion as per Ext.A1 series and C1 OP is directly bound to redress the grievance caused to the complainant. Therefore we hold that the OP is directed to pay Rs.1,00,000/- as compensation to the complainant.
In the result the complaint is allowed in part. The opposite party is directed to pay Rs.1,00,000/- towards the compensation as per Ext.C1 report within 30 days of receipt of this order. In default the amount of Rs.1,00,000/- carry 10% interest per annum from the date of order till realization. Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts.
A1(series)-Photographs
C1-Expert commission report
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
