ORDER SRI. K. ANIRUDHAN (MEMBER) ` Sri. Babu Srinivasan, has filed this complaint on 16.06.10 alleging deficiency of service on the part of the opposite party. The brief facts of the complaint are as follows:- The opposite party has executed an agreement between him in order to construct him residential building having an area of 525 sq. feet by Firo Cement Technology. As per agreement the opposite party has accepted a sum of Rs. 3,05,000/- (Rupees Three lakh and five thousand only) from him. As per the said agreement, the opposite party has started the building: work up to concrete roofing. But after the said work whole portion comes in a leakage. As per this, he has lost a sum of Rs. 5 lakhs. On a detailed enquiry he has learnt that the opposite party has no technical knowledge: and was no labour licence as per Labour Act and has not registered his firm as per Company Act. In addition to that, the opposite party has collected at the rate of Rs. 1000/- per sq. meter: instead of the prevailing rate of Rs. 800/- per sq. meter. Since there was no relief of his claim from the opposite party, he has filed this complaint seeking relief. 2. Notice was sent to the opposite party. It was returned to the Forum stating that ‘Not Claimed’ – returned to the sender. So the opposite party was declared ex parte. 3. Considering the allegations of the complainant, this Forum has raised the following issues. 1. Whether there is any deficiency in service on the part of the opposite party? 2. Compensation and cost? 4. Issues 1 and 2:- Complainant has filed proof affidavit in support of the allegations and filed one document in evidence– Ext.A1– marked. In the proof affidavit, he has stated the entire matter of the case and stated that there was illegal act on the part of the opposite party. And further stated that in order to complete the remaining work of the building: he has to spend a sum of Rs. 2,50,000/- (Rupees Two lakh and fifty thousand only) and submitted, to take steps to recover the same from the opposite party along with other relief. The document submitted by him in Ext. A1 is the agreement dtd. 28.12.09, executed between him and the opposite party in connection with the construction work of the residential building. It is seen that the opposite party had agreed to complete the work at the rate of Rs. 1000/- per sq. meter, and from total amount of Rs. 5,25,000/- (Rupees Five lakh and twenty five thousand only) he has agreed to give a bonus of Rs. 10,000/- (Rupees Ten thousand only) to the complainant and opposite party has accepted a sum of Rs. 3,05,000/- (Rupees Three lakh and five thousand only) by installments from the complainant. The complainant alleged that the opposite party has not completed the work as per agreement and major portion is to be completed. It is further alleged that the, completed works are also in leaking nature. We have heard the matter in detail, and verified the document. After verification of the entire matter, we are of the view that there is grossest deficiency in service, culpable negligence and cheating on the part of the opposite party, by way of showing any sincere effort in completing the remaining work of the residential building of the complainant. It is alleged that the major portion of the completed work is in a leakage stage. After accepting a sum of Rs. 3,05,000/- (Rupees Three lakh and five thousand only) from the complainant the opposite party has abunded the remaining work and left the site. This shows the irresponsible attitude of the opposite party in this matter and it will amounts to cheating. For this opposite party is answerable to the complainant. Since there is grossest deficiency in service, culpable negligence and cheating, the opposite party is liable to compensate for the complainant. It is to be further noticed that the opposite party has not claimed the notices of this Forum and refused to give the reasons involved in this matter. This shows the irresponsible attitude of the opposite party in this case. The action taken by the opposite party is highly illegal unauthorized and without any bonafides. Hence we are of the view that the allegations raised by the complainant are to be treated as genuine, and so the complaint is to be allowed as prayed for. All the issues are found in favour of the complainant. In the result, we hereby direct the opposite party to pay an amount of Rs. 2,50,000/- (Rupees Two lakh and fifty thousand only) to the complainant in order to finish remaining work of the residential building, and pay a sum of Rs. 10,000/- (Rupees Ten thousand only) to the complainant for his mental agony, sufferings, inconvenience and loss due to the willful negligence and grossest deficiency in service of the opposite party by way of purposefully neglecting to complete the work of the residential building of the complainant in time, by violating the agreement and further pay a sum of Rs. 2,000/- (Rupees Two thousand only) as cost of this proceedings. We further ordered that the complainant is free to proceed against the assets of the opposite party for realizing the amount as per this order. We direct the opposite party to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 29th day of September 2010. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext. A1 - Agreement dtd. 28.12.09 (Photocopy) Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Party/S.F. Typed by:- vo/- Compared by:-
| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | | 
