Smt. Sheela Jacob (Member):
Complainant approached this Forum for getting a relief from the Forum against the opposite party.
2. The complainant’s case is that he had entered into a contract with the opposite party on 05/05/2016 by which the opposite party had agreed to construct an extension to the existing building of the complainant at a total cost of Rs. 16,50,000/-. On 05/05/2016 an agreement was signed and an advance amount of Rs. 2,00,000/- was received by the opposite party. As per the said agreement, opposite party agreed to complete the work within 4 months from the date of agreement as per the plan for a total cost of Rs. 16,50,000/-. On 05/05/16 to 10/09/2016 an amount of Rs.16,00,000/- was received by the opposite party. But even after a lapse of 4 months of the date of completion, the opposite party has not completed the work in spite of collecting the amount of Rs. 16,00,000/- out of the total cost of Rs. 16,50,000/- for completing the remaining work, an amount of Rs. 4,00,000/- more would be necessary and due to the defect in the construction. In spite of several requests, opposite party is not prepared to complete the work so the complainant sent a lawyer’s notice on 24/04/2017 to the opposite party. But even after receiving the said notice, he is not cared to comply the request of the complainant. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant and hence opposite party is liable to the complainant for the same. Hence this complaint for an order directing the opposite party to pay an amount of Rs. 4,00,000/- the cost required for completing the remaining works along with compensation and cost of this proceedings.
3. In this case, though the opposite party entered appearance he has not filed his version inspite of so many chances given to him by this Forum.
4. On the basis of pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not.
5. The evidence of the complaint consists of the proof affidavit of the complainant and Ext. A1 to A4. Ext. A1 is the original agreement dated: 05/05/2016. Ext. A2 is the copy of the Advocate notice dated: 24/04/2017 issued to the opposite party from the complainant. Ext. A3 is the postal receipt and Ext. A4 is the Acknowledgment Card. After the closure of evidence complainant was heard.
6. The Point:- Complainants allegation is that the construction work entrusted to the opposite party by the complainant has not completed by the opposite party even after a lapse of 4 months from the stipulated period even after receiving the Rs. 16,00,000/- out of the total agreed amount of Rs. 16,50,000/-. Because of the above said act of the opposite party, complainant is put to financial loss and mental agony and the said act of the opposite party is a clear deficiency in service and hence the opposite party is liable to the complainant.
7. In order to prove the case of the complainant, complainant filed a proof affidavit along with 4 documents. On the basis of the affidavit, documents produced are marked as Ext. A1 to A4. Ext. A1 is the original agreement dated: 05/05/2016 executed between the complainant and opposite party to construct an extension to the existing building. Ext. A2 is the office copy of the Advocate notice dated: 24/04/2017 issued to the opposite party form the complainant. Ext. A3 is the postal receipt and Ext. A4 is the Acknowledgment Card.
8. On the basis of the available materials on records it is seen that the complainant and opposite party entered into an agreement on 05/05/2016 for constructing an extension to the existing building of the complainant for a total amount of Rs. 16,50,000/-. It is also seen that within 4 months from the date of agreement the opposite party had collected an amount of Rs. 16,00,000/- till 10/09/2016. The complainant’s case is that the works has not been completed even after a lapse of 4 months from stipulated date and the works already done is substandard and incomplete and an additional amount of Rs. 4,00,000/-is further required for the completion of the work.
9. Since opposite party is ex-parte, we find no reason to disbelieve the allegation of the complainant. Hence complainant’s case stands proved as unchallenged. The act of the opposite party is a clear deficiency in service which is no doubt caused mental agony and financial loss to the complainant and the opposite party is liable to the complainant for the same. Therefore, we find that this complaint is allowable.
10. In the result, this complaint is allowed, thereby the opposite party is directed to pay an amount of Rs. 3,50,000/-(Rupees Three Lakhs Fifty Thousand only) to the complainant for completing the remaining works along with compensation of Rs.10,000/- (Rupees Ten Thousand only and cost of Rs.2,500/-(Rupees Two Thousand Five Hundred Only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of the whole amount.
Declared in the Open Forum on this the 28th day of February, 2018.
Sheela Jacob,
(Member)
Sri. P. Satheesh Chandran Nair (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Avaneendran
Exhibits marked on the side of the complainant:
A1: Original agreement dated: 05/05/2016.
A2: Copy of the Advocate notice dated: 24/04/2017 issued to the opposite
party form the complainant.
A3: Postal receipt
A4: Acknowledgment Card.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
Copy to:- (1) Avaneendran,
S/o Sivananda Kuruppu,
Rajendravilasom Veedu, Vayala P.O, Puthusseri Bhagom Muri,
Erathu Village, Adoor Taluk.
(2)Tatvamasi Veedu, Vayala PO, Mankoottam,
Arukalickal Kizhakku Muri, Ezhamkulam Village,
Adoor Taluk.
(3) The Stock File.
