O R D E R<br /> Sri. Santhosh Kesavanath P., President.<br /> The case of the petitioner's is as follows:<br /> The petitioner had entered into a contract for service with the opposite party for the construction of a retaining wall through the eastern portion of 72 cents of his property. In consideration, for the work carried out by the opposite party, the petitioner had given an amount of Rs. 1,21,500/-. The petitioner states that due to the use of low quality materials and unfair trade practice in construction the retaining wall to an extent of 2M. was collapsed and existing 242 meters of the retaining wall was in a dilapidated condidtion. The petitioner states that the way of construction and the use of bad quality materials for construction is an unfair trade practoce. Due to the act of the opposite party the petitioner had sustained a loss of Rs. 1, 50,000/-. Some portion of the wall was collapsed after 10 days of construction. The petitioner issued a lawyer's notice on 21..9..2006 claiming compensation for the deficiency of service on the part of the opposite party. The opposite party accepted the notice and had not cured deficiency on <br /> -2-<br /> his part.<br /> The opposite party has not entered appearance or filed any version even after the receipt notice issued from the Forum. So opposite party set ex-parte.<br /> Points for ditermination are:<br /> i) Whether there is deficiency in service on the part of the opposite party?<br /> ii) Reliefs and costs.<br /> Evidence in this case consists of the affidavit filed by the petitioner and Ext. A1 to A3 documents and Ext. C1 Court Exhibit.<br /> The agreement entered between the petitioner and opposite party on 8..3..2006 is produced and the said document is marked as Ext. A1. From Ext. A1 it can be seen that <br /> the opposite party accepted an amount of Rs. 1,21,500/- from the petitioner for construction of the retaining wall. According to the petitioner after construction of the retaining wall on 25..5..2006 about 12 m of the retaining wall was collapsed due to improper way of construction and the use of bad quality materials for construction. The petitioner on 21..7..2006 issued a lawyers notice to the opposite party. The office copy of the notice is produced and is marked as Ext. A2. The opposite party accepted the notice on 22..7..2006. A/D card showing acceptance of the notice by the opposite party is produced and marked as Ext. A3. The petitioner has taken an expert commissioner to assertain the matters in dispute and report filed by the commissioner is marked as Ext. C1. In Ext. C1 the commissioner reported that wall was collapsed due to unfair trade practice and improper ways of construction adopted by opposite party. He further<br /> reported he noticed bulging of wall & cracks at many points on the retaining wall. According to the commissioner in future the wall will collapse. Further he noticed that <br /> -3-<br /> the retaining wall does not fulfill the purpose for which it has been constructed. The commissioner reported that the wall requires recconstruction as a whole for that according to commissioner an amount of Rs. 1,02,900/- is needed. We are of the opinion that the act of the opposite party is a clear deficiency of service . So, the opposite party is to be held liable to compensate the deficiency in service. Point No. 1 is found accordingly.<br /> Point No. 2 . <br /> In view of the findings in point No. 1, the petition is to be allowed and the petitioner is entitled to get the reliefs sought for.<br /> In the result the following order is passed. The opposite party is ordered to pay an amount of Rs. 102900/- (One lakh two thousand nine hundred) to the petitioner as <br /> compensation for the deficiency in service on his part and also the opposite party is directed to pay Rs. 2500/- as cost of the proceedings. The opposite party is ordered to comply the order with within one month of receipt of this order.<br /> Dictated by me transcribed by the Confidential Assistant, corrected by me and pronounced in the Open Forum on this the 29th day of April, 2008.