By G. Yadunadhan, President:<br /> <br /> The case of the complainant is that the opposite party entered into an agreement between the complainant to built for 3 storied building as per the agreement. As per the terms of the agreement the building was agreed to be completed within 4 months from the date of agreement, ie., 3.1.2004. The building is not yet completed. The complainant received opinion from a contractor that foundation is insufficient to carry 3-storied building. To rectify this deficiency and to complete the building at the earliest, the complainant sent a registered lawyer notice on 2.8.2004 to the opposite party. Thereafter the opposite party approached the complainant and promised to build the building within 21 days. The opposite party also admitted that the foundation of the building is not adequate or sufficient to carry a 3-storied building, when questioned by the complainant before a structural engineer. The opposite party agreed to rectify the deficiency by erecting pillars. The opposite party fixed the doors and windows, which was of poor quality with gaps and bends. The complainant instructed the opposite party to change the doors and windows and to rectify the other defects. But till this date no action is taken by the opposite party to rectify the deficiency and to complete the building. After receipt of the notice, the opposite party approached the complainant and asked for a further sum of Rs.10,000/- to complete all the remaining works. Believing the opposite party, the complainant further advanced an amount of Rs.10,000/- and Rs.5,000/- which was borrowed earlier before the date of notice was together entered as Rs.15,000/- on 13.8.2004. So as on this date of petition the total amount advanced by the complainant would come up to Rs.5,13,000/-. The opposite party not entitled to any further amount due to the deficiency in service and unfair trade practice on his part. Hence this complaint is before this Forum to direct the opposite party to pay Rs.2,35,000/- to the complainant for the deficiency in service of the opposite party.<br /> <br /> Opposite party filed version stating that the allegation and averments in the complaint are false and they are only entered intended to mislead the Forum and hence it is denied by the opposite party. The correct facts are suppressed by the complainant. Complainant is not a consumer as revealed by the complaint and the complaint has to be dismissed in limine. There is no oral or written agreement as alleged in the complaint and the opposite party denies the execution of the agreement produced as document No.1 along with the complaint.<br /> <br /> The opposite party has raised the issue of maintainability of the complaint. To that effect this Forum passed an order in favour of the complainant. Against this order, opposite party approached to the higher Forum. The higher Forum found that the impugned order is only in one line, that is “finding that the petition is maintainable” and that no reason is given for passing such an order. So the matter is remitted back to the lower Forum for fresh consideration and disposal in accordance with law.<br /> <br /> After receiving this order, heard detailed regarding the maintainability and passed order, and also issued notice to the opposite party. The Counsel appeared for the opposite party reported that there is no instruction from opposite party, on 15.7.2008. Hence Opposite party called absent and set exparte.<br /> <br /> Complainant filed affidavit and Exts. A1 to A8 were marked on the side of the complainant. Ext. C1 was also marked. From the affidavit, Exts. A1 to A8 and Ext. C1, complainant’s case is proved.<br /> <br /> In the result petition is allowed and the opposite is directed to pay Rs.1,00,000/- (Rupees one lakh only) and a compensation of Rs.1,000/- (Rupees one thousand only) to the complainant.<br /> <br /> Pronounced in open Court this the 22nd day of November 2008.<br /> <br /> Sd/-President Sd/-Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the Complainant:<br /> A1 Photocopy of the agreement executed by the complainant with opposite<br /> Party.<br /> A2 Photocopy of the statement showing the amount given by the complainant<br /> to the opposite party.<br /> A3 Photocopy of the registered lawyer notice issued to the opposite party.<br /> A4 Photocopy of the plan of the building.<br /> A5(1) Hand written receipt.<br /> A5(2) Receipt for Rs.1980 from Thyagi Enterprises.<br /> A6(1) Receipt for Rs.1551 from Seena Steels.<br /> A6(2) Receipt for Rs.1750/- from Lucky Agencies.<br /> A6(3) Receipt for Rs.5400/- from Economy building materials.<br /> A7 Hand written receipt for Rs.12000/-.<br /> A8(1) Hand written receipt for Rs.25600/-.<br /> A8(2) Receipt for Rs.441/- from Maurya Enterprises.<br /> A8(3) Receipt for Rs.4212/- from Celukas.<br /> <br /> Documents exhibited for the Opposite party:<br /> <br /> Nil.<br /> <br /> C1 Advocate Commission Report dated 7.12.2004.<br /> <br /> -/True copy/-<br /> <br /> Sd/President<br /> <br /> (Forwarded/by Order)<br /> <br /> <br /> <br /> Senior Superintendent.<br /> <br />