DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 12th day of May, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 03/08/2022
CC/136/2022
C.P.John
S/o Paily, Cheruvil House
Kallamala Village, Attappadi Tribal Taluk
Thavalam (P.O)
Palakkad – 678 582 - Complainant
(By Adv. K.Sasidharan)
V/s
Satheesh.K.V
S/o Radhamani, Aneesh Bhavan
Karingada, Pongode, Kallara
Bharathannoor
Thiruvananthapuram – 695 609 - Opposite party
(Ex-parte)
O R D E R
By Smt. Vidya.A, Member
1. Pleadings of the complainant in brief
Complainant and the opposite party entered into an agreement on 01/04/2022 for the construction of complainant’s house. The opposite party agreed to complete the construction within a period of 6 months and the total cost of construction was agreed as Rs. 12 lakhs (Rs. 12,00,000/- only). The complainant paid an advance amount of Rs. 1,25,000/- and agreed to pay the balance amount according to the progress of the construction work.
The opposite party had purchased some construction materials like M-sand, metal, cement bricks, etc. from the advance amount and started the work. But after doing some initial construction work, he did not turn up. Complainant lodged a complaint in the Mannarkkad Police Station about this; but the issue was not resolved. The deficiency in service on the part of the opposite party had caused mental agony and financial hardships to him.
The opposite party had done works only for an amount of Rs. 25,000/- The opposite party is bound to refund the balance 1 lakh together with Rs.3,500/- being the money expended towards the hotel charges of workers. The opposite party is also responsible to give compensation to the tune of Rs. 4 lakhs for the mental agony and other inconveniences suffered by the complainant and cost of litigation amounting to Rs. 10,000/-
The complainant approached this Commission for directing the opposite party to pay a total amount of Rs. 5,03,500/- to him.
2. Complaint was admitted and notice issued to the opposite party. Notice to the opposite party returned stating ‘Not known’. The complainant produced fresh address and the notice sent in that address returned ‘Unclaimed’. So his name was called in the open court and set ex-parte.
3. Complainant filed proof affidavit and additional proof affidavit and Exts.A1 to A3 marked from his side. Heard.
4. Points to be considered are
- Whether there is deficiency in service on the part of opposite party?
- Whether the complainant is entitled to the reliefs?
- Reliefs if any, as cost and compensation.
5. Points 1 to 3
Complainant’s averment is that, he entered into a written agreement with the opposite party on 01/04/2022 for the construction of a house of 1200 sq. ft. He detailed the works to be done by the opposite party such as slab concreting of front portion, plastering of house, tiling, etc. in the complaint. There was also a condition regarding the construction materials, to be used in the construction. The opposite party agreed to complete the work within 6 months and out of the total amount of Rs. 12 lakhs agreed, the complainant paid Rs. 1,25,000/- towards advance.
6. The opposite party purchased certain construction materials like M-sand, metal, bricks and cement and completed the lintel work. After that the opposite party did not turn up for work. The complainant tried to contact opposite party and finally he lodged complaint with the Mannarkkad Police Station. But all his efforts were in vain.
7. In support of his claim, the complainant produced 3 documents. Ext. A1 is the agreement dated 01/04/2022 between the parties. Ext. A1 contains the details of construction work to be carried out as narrated by the complainant in the complaint and his affidavit. The Ext. A1 agreement also shows that an amount of Rs.1,25,000/- was paid by the complainant. He agreed to pay the balance amount within six months according to the progress in work.
8. Ext. A2 is the copy of the complaint lodged with Mannarkkad Police Station. Ext. A3 is the “Estimate of construction work” which is prepared by a private engineer.
As per the estimation, the works done by the opposite party costs Rs.31,247/- The estimate was done by private engineer engaged by the complainant himself and not by this Commission. Eventhough there is no evidentiary value for this; it can be taken into account for the purpose of assessing the damage suffered by the complainant.
9. So from the evidence adduced, the complainant had made out a prima-facie case that the opposite party after receiving an advance amount of Rs. 1,25,000/- had executed works approximately for an amount of Rs. 31,300/- So there is clear deficiency in service and unfair trade practice on the part of the opposite party.
10. The notice sent to the opposite party returned ‘Unclaimed’ and he was set ex-parte. The non-completion of the work even after receiving the advance amount is deficiency in service on his part and the opposite party is bound to compensate the complainant. Complainant suffered mental agony and financial loss on account of the conduct of the opposite party. The complainant is entitled to get compensation form the opposite party for that.
In the result, complaint is allowed.
We direct the opposite party
- To refund Rs. 1 lakh, being the balance in the advance amount paid by the complainant together with 10% interest from 03/08/2022 (date of complaint) till realization.
- To pay a compensation of Rs. 25,000/- for the deficiency in service, Rs. 10,000/- for the mental agony suffered by the complainant and Rs.10,000/- as cost of the litigation.
The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in open court on this the 12th day of May, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Documents marked from the side of the complainant:
Ext. A1: Agreement dated 01/04/2022 between complainant and opposite
party.
Ext. A2: Copy of the complaint given against opposite party dated 18/05/2022.
Ext. A3: Estimate of construction work stopped midway.
Documents marked from the side of opposite parties:
Witness examined from the complainant’s side:
Witness examined from the opposite parties side:
Cost- Rs. 10,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
