Haryana

Jind

CC/259/2013

Balwan Singh - Complainant(s)

Versus

Sat Pal - Opp.Party(s)

Sh N.K. Sharma

30 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, JIND. 
                                                Complaint Case No : 259 of 2013
                                                    Date of Institution   : 24.12.2013
                                                     Date of Decision      : 30.11.2016

Balwan Singh s/o Sh. Rishal Singh resident of village and post office Jamni, Teh. Safidon Distt. Jind.

                                                                              ….Complainant.
                                       Versus
Sat Pal s/o Sh. Chattar Singh r/o vill. Jamni Teh. Safidon Distt. Jind. 

                                                                 …..Opposite party.

                          Complaint under section 12 of the
                            Consumer Protection Act, 1986.

CORAM: SH.A.K. SARDANA PRESIDENT.
      SMT. BIMLA SHEOKAND, MEMBER.
               SH. M.K. KHURANA, MEMBER.    

Present:  Sh. N.K. Sharma, Adv. counsel for complainant.
                 Sh. Rajnish Garg Adv. counsel for OP. 
             
ORDER:

             Brief facts of the  present complaint are that OP entered into a Contract/Agreement  with  complainant to construct his house on the plot measuring 250 Sq. yards  situated near Green Belt Safidon Road, Jind. The said contract/agreement was reduced into writing at Jind on 28.7.2011 whereupon  complainant, OP & witnesses put their signatures and  said agreement was  duly attested by Sh. Mohan Dass Adv. Notary Public, Jind in his register vide entry No.207 dated 28.7.2011. As per agreement, the OP has received a sum of Rs.2,10,345/- from the complainant but OP has not completed construction work of his house within the time limit i.e. upto 31.10.2011 and stopped the construction of his house. As such finding no other alternate, complainant got served a legal notice upon the OP on 21.1.2012 through his counsel and after receipt of  legal notice, OP  again started the construction work of his house but did not complete the same and thus the complainant again got  served a reminder to his earlier legal notice to OP but all in vain. The house of complainant was measured by cousin of OP namely Surender s/o Jogi Ram and according to his measurement, only Rs.2,11,950/- comes out for complete construction of his house but OP has not paid the labour charges to the mason and other labourers. So, the labour charges were also paid by the complainant. In this way, OP has received a sum of Rs.84,478/- through his other masons from the complainant totaling a sum of Rs.3,09,823/- (Rs.84,478/-+ Rs.15,000/-+Rs.2,10,345/-) against a sum of Rs.2,11,950/- and now OP is in arrears of Rs.97,873/- i.e. excess received from the complainant which he is entitled to receive back from OP but the OP has not refunded the same till date. As such, the complainant has submitted that the OP is  deficient in not  refunding the arrears of complainant and not completing the construction of his house and  prayed that the complaint be accepted and OP be directed to refund an amount of Rs.97,873/- alongwith interest @18% p.a. as well as to pay a sum of Rs.50,000/- as compensation on account of mental pain and physical harassment to the complainant.  
2.    Upon notice, OP appeared through counsel but failed to tender the  reply despite availing various opportunities and  thus defence of OP was struck off vide order dated 13.7.2016 passed by the Forum. 
3.    To prove his contention, counsel for  complainant tendered  affidavit of complainant as Annexure C-X alongwith documents as  Annexures C-1 to C-6  and closed the  evidence. 
4.    Heard.  Record/documents placed on file by complainant purused wherefrom it is nowhere proved that how much amount was paid by complainant to OP and upto what extent,  the OP  has constructed the house of complainant and to what extent, OP has left the construction work of complainant. Even, no any evidence by means of affidavit of any witness as incorporated in the agreement has been produced by the complainant in support of his contentions raised in the complaint. So, in these circumstances, we are of the firm view that the complainant has miserably failed to prove his case and thus we have no option except to dismiss the present complaint. As such, the same is hereby dismissed with no order as to costs. A copy of this order be sent to the parties concerned free of cost. File be consigned to the record room after due compliance. 

Announced:

                                                                                                   PRESIDENT                                                                                                                                                                                               District Consumer Disputes
                                                                                              Redressal Forum, Jind. 

                                                                                                          Member

                                                                                                          Member