SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OPs to complete the construction work of the house as per the agreement or to refund the excess amount already received by the OPs along with compensation and cost  to the complainant for the  deficiency of service and unfair trade practice  on the part of OP.

  The brief of the complaint :

   The complainant and her family was residing in a rented house at Naduvil for last 8 years.  She already  paid rent regularly for a total amount of Rs.1,50,000/-.  The complainant was intending to construct a new house at Kuthuparmba Ambilaad 60 Km away from Naduvil.  Then the complainant approached to OP and the  complainant and OP’s entered into a  written agreement dtd.14/2/2023.  The agreement was executed for a total square feet of 1472 and Rs.1750/- per sq.ft.  On 14/2/2023 the complainant paid Rs.50,000/-  as advance payment  to OP’s.  Thereafter on 2/5/2023 the complainant paid Rs.3,36,400/- to OP’s for the basement of the construction work.  But the OPs made the basement work after 3 months of receiving the amount.  Thereafter the construction of belt the OP demanded the 10% amount of the contracted  amount ie,  Rs.2,57,600/-.  On 12/9/2023 the complainant  paid Rs.2,57,600/- to OPs.  Then the OPs installed a kattila on 17/9/2023.  Thereafter the OP abandoned the balance construction work of the house. The act of the OPs the complainant caused much mental agony.  The OPs not paid the labour charges and wages to the workers also.  Moreover the complainant’s  husband brought lateral stone  worth Rs.48,000/- to the site.  The amount is  also due to complainant’s husband by OPs.  The complainant and her husband somany times contacted the OPs through telephone and also take autorikshaw to reached the site also.  The complainant had spend Rs.20,400/- as autorikshaw charge.  The OPs agreed that they completed the work within 2 months.  But the OPs are not turned up . Then the complainant  filed a complaint before  SHO Kuthuparamba on 29//9/2023.  But no response from the side of OPs.  The complainant paid a total amount of Rs.7,81,600/- to OPs along with Rs.48,000/- as cost of the lateral stone brought to OPs site by complainant’s husband. But the OPs abstained from construction process. The act of  OPs the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

      After filing this complaint notice issued to both OPs.  Both OPs received  the notice and  not  appeared before the commission and not filed version.  Ultimately the commission  had to hold that the OP’s have no version as such this case came to be proceed against the  OPs as  set  exparte.  

    Even though the OPs have remained ex-parte it is for the complainant to establish the allegations made by her against the OPs.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  her chief affidavit along with 5 documents marking them as Exts.A1 to A5 and
Ext.C1  commission report.  The complainant was examined as PW1.  So the OPs are remained absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of the complainant.  Ext.A1 is the  written agreement between complainant and OP dtd.14/2/2023.  As per the agreement the OPs

admits that within 8 months the construction work was completed.  On14/02/2023 itself the complainant paid Rs.50,000/- as advance payment. In Ext.A2 is the cash receipt dtd.2/5/2023 for an amount of Rs.3,36,400/- to OPs and stated that advance 15% . Ext.A33 is the  cash receipt dtd.12/9/2023 for an amount of Rs.2,57,600/- to OPs and stated that Belt formation 10%.  Ext.A4 is the cash receipt dtd.20/9/2023 for an amount of Rs.1,37,600/- to OPs stated that wall and lintel formation 10%.  Ext.A5 is the receipt issued by Kuthuparamba police station dtd.29/9/2023.  It clearly shows that the  complainant is cheated by the OPs and she filed a case before Kuthuparamba police station.  Moreover, the complainant filed a petition  before the Commission to appoint an Advocate commissioner to inspect the petition  schedule   building and filed a report.  The commission allowed the petition and appoint  Smt.Beena.E.T, the Advocate commissioner .  Then the  advocate commissioner inspected the petition schedule building and filed the report marked as Ext.C1 along with 10 photographs also.  As per Ext.A2 to A4 the complainant paid a total amount of Rs.7,81,600/-.  As per Ext.C1  report and photos it clearly shows that the basement and belt formation is completed.  The walls work are not completed only one lintel(kattila) is installed.  So the balance work is remaining and the OPs are not ready to complete the construction work as per Ext.A1 agreement. Hence the OPs are liable to refund the advance amount already received mentioned in the Ext.A1(Rs.50,000), In Ext.A2 document dtd.2/5/2023 advance 15% amount Rs.3,36,400/-.  In Ext.A4 the wall and lintel  formation 10% Rs.1,37,600/- and the value of  laterite stone  Rs.48,000/- to the complainant.  Under this circumstances we are of the  considered view that the OPs are  directly  bound to  redressal the grievance caused to the complainant. Therefore we hold  that the  OPs are liable to   refund Rs.4,72,000/-( ie, Rs.50,000+ Rs.3,36,400+37,600+Rs 48,000)  to the complainant  along with Rs.75,000/- as compensation  for mental agony caused to the  complainant and  Rs.10000/- as litigation cost.

           In the result, the complaint is allowed in part directing  the Opposite parties 1&2 jointly and severally liable  to refund  Rs.4,72,000/- to the  complainant  for the excess amount already collected by opposite parties from the complainant along with Rs.75,000/- as compensation  for mental agony caused to the  complainant and  Rs.10000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.4,72,000/- carries interest@ 12% per annum  from the date of order till realization, failing which,  the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1-Agreement

 A2 to A4 receipt dtd.- 2/5/2023,12/9/2023, 20/9/2023

A5-Receipt issued by Kuthuparamba police

C1- Advocate Commissioner report

PW1-Bindu.v –  complainant.

Sd/                                                               Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                       MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                       /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR