BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.
Complaint No. 167 of 2015
Date of Institution: 10.11.2015
Date of final order: 8.3.2016
Satbir Singh s/o Chandan Lal resident of village Kashuhan, Tehsil Narwana, District Jind.
….Complainant.
Versus
Roshan Lal mistri s/o Gopi Ram resident of village Ghoghria, Tehsil Narwana, District Jind.
…..Opposite party.
Complaint under section 12 of
Consumer Protection Act, 1986.
Before: Smt. Bimla Sheokand, Presiding Member.
Sh. Mahinder Kumar Khurana, Member.
Present: Sh. Satbir Singh complainant in person.
Opposite party already ex-parte.
ORDER:
The brief facts in the complaint are that complainant had agreement with the opposite party to build his house. The complainant has given Rs.10,000/- to the opposite party on 15.10.2015 regarding construction of his house completely. The opposite party started to work on the agreement on 24.9.2015. The complainant alleged that the opposite party also built the houses of other persons even after starting the work of complainant. After 20 days, the opposite party has stopped to construct the house of complainant as on 2.11.2015 he
Satbir Singh Vs. Roshan Lal
…2…
started to work on the house of Sanjay s/o Kidara r/o Kashuhan and left the pending work of the house of complainant. The material brought to site by the complainant to construct his house completely destroyed. When the complainant asked the opposite party regarding constructing his house as per agreement, the opposite party replied that he is not peon and will work according his willness. The opposite party also stated that he will take the matter into court if the pending work of house of the complainant is completed by another mistri. Deficiency in service on the part of the opposite party is alleged. It is prayed that the complaint be accepted and opposite party be directed to construct the house of complainant immediately or pay a sum of Rs.1,00,000/-(Rs.one lac only) for the material which was destroyed as well as to pay Rs.20,000/- as compensation on account of mental pain and agony to the complainant.
2. Notice issued to opposite party received back with the report of ‘refusal’. Hence, the opposite party was proceeded against ex-parte vide order of this Forum dated 15.12.2015.
3. In ex-parte evidence, the complainant has produced his own affidavit Ex. C-1, copy of receipt Ex. C-2 and copy of ration card Ex. C-3 and closed the evidence.
4. we have heard the complainant in person and perused the record placed on file. The opposite party is already ex-parte. The complainant explained that the opposite party made an agreement with the complainant for the construction of his house in a complete manner. The opposite party also received a sum of Rs.10,000/- (Rs.ten
Satbir Singh Vs. Roshan Lal
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thousand only) from the complainant. The opposite party started the work of construction of the house and after some time he left the construction work in between. The complainant suffered financial loss due to destruction of the material.
5. In our view the deficiency in service on the part of the opposite party is established. Also as per P.W.D. code, if the work is left in between without completing it, the earned rates are imposed on the contractor/agency. Hence the complaint is allowed in the interest of justice and the opposite party is directed to pay a sum of Rs.10,000/- (Rs. ten thousand only) already received from the complainant. The order be complianced within one month from the date of orders. In case of failure a simple interest @9% p.a. will be paid by the opposite party to the complainant. The copies of order be supplied to the parties under the rule. File be consigned to the record-room after due compliance.
Announced on: 8.3.2016
Presiding Member,
Member District Consumer Disputes Redressal Forum, Jind
Satbir Singh Vs. Roshan Lal
Present: Sh. Satbir Singh complainant in person.
Opposite party already ex-parte.
Arguments heard. To come up on 8.3.2016 for orders.
Presiding Member,
Member DCDRF, Jind
1.3.2016
Present: Sh. Satbir Singh complainant in person.
Opposite party already ex-parte.
Order announced, vide our separate order of even date, the complaint is allowed. File be consigned to record room after due compliance.
Presiding Member,
Member DCDRF, Jind
8.3.2016
