By Smt. Padmini Sudheesh, President Petitioners case in brief is as follows: The original petitioner is the husband of Smt. Suma, holding the power of attorney of her husband. There was an agreement between the petitioner and the respondent for construction of a marriage hall in the property of petitioner. As per the Karar the construction has to be completed within four months from the Karar. Rs. 11,50,000/- was fixed as the total amount and Rs.1,50,000/- was given as advance. In addition to this amount on various occasions the respondent has received a sum of Rs.13,50,500/- also. The payments are endorsed on the back of the agreement. By mistake the wife of petitioner had paid Rs.2,00,500/- as excess. That excess has to be returned by the respondent. In the work the respondent has used cheap materials also. The work is also not completed in time. Notice sent. No reply, no remedy. Hence this complaint. 2. Respondent is remained exparte 3. To prove the case petitioner has filed affidavit and 6 documents which are marked as Exhibits P1 to P6. 4. There is no contrary evidence. Heard the counsel. 5. According to the petitioner she is entitled to get back the excess amount received by the respondent, also compensation and costs. 6. So the petition is allowed and the respondent is directed to return the excess amount of Rs.2,00,500/-with interest at the rate of 12% per annum from 17/2/06 till realization. Petitioner is also entitled for Rs.1000/- as cost. Comply the order within two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 30th day of June 2008.
