O R D E R R.Vijayakumar, Member. This is a complaint filed Under Section 12 of Consumer Protection Act. Briefly stated the facts of the complaint is that an agreement was executed by opposite party to the complainant of 14.06.2006.to (2) Construct a building within six months @ 550 per square feet. Opposite party has received Rs.7,10,000 totally from the complainant. But the Opposite party has not completed the construction works within the stipulated time or even till date. The complainant approached the opposite party on several occasions demanding the completion of the building. But his efforts were miserably failed. The opposite party had received Rs. 2, 05,066 more than the actual expenditure incurred by the opposite party for the construction purpose. The complainant send an advocate notice and it was received by opposite party. Even then the opposite party had not taken interest to complete the building construction. Hence the complainant filed the complaint seeking remedy for the deficiency in service from the part of opposite party and for getting an order directing the opposite party to complete the building construction or to refund Rs.2,05,066 along with the interest @ 12 per cent and to pay compensation Rs.10,000 and cost Rs.2,500. (3) The opposite party filed version contenting the allegations of the complainant and seeking dismissal of the complaint. As per agreement with the complainant he has completed the works for an amount of Rs.7,00,000. Some minor items are only to be completed. The complainant had to pay balance amount Rs.1,25,000 to the opposite party. The statement that the opposite party had received excess Rs. 2, 05,066 is not true. The complainant has no locus standi to raise allegations without giving the balance amount. There is no deficiency in service from the part of opposite party. As per order in IA.No.128/09 filed by the complainant a commission was appointed and the commission report was filed subsequently. Even though the opposite party had filed version, he had remained absent in the subsequent proceedings. Hence set exparte. (4) The complainant filed affidavit. PW1 examined. Exhibit P1 to P9 marked. The points that would arise for consideration are: 1. Whether there is any deficiency in service on the part of opposite party. 2. Compensation and cost. Points No.1 & 2 There is no dispute raised in the version about the agreement by the opposite party to construct the building within the period of six months. No contention about the agreed amount also. The main contention raised by the opposite party is that he has completed the most of the construction works. Some minor works are pending. If the complainant is ready to pay the balance amount as per the agreement, the opposite party is also ready to complete the construction works fully. (5) The commission reported clearly indicates that the opposite party has not completed the building construction works. Some major works are also pending. Exhibit P3, the statement prepared by an expert also shows that the balance works to be done estimated Rs.5,09,004/-. As the complainant was not cross examined and no evidence adduced by the opposite party, the evidence adduced by the complainant stands unimpeached. We have carefully perused the documents adduced by the complainant. We are of the opinion that there is deficiency in service on part of the opposite party. The points found accordingly. In the result, the complaint is allowed directing the opposite party to complete the work as agreed within two months in default to refund Rs. 2,05,066 along with interest @ 12 per cent per annum from the date of expiry of the agreement till the date of payment and (6) to pay compensation Rs.5,000. The opposite party is further directed to pay cost Rs.1,500/- to the complainant. The order is to be complied with within one month of the date of receipt of the orders. Dated this the 30th day of July 2010. K.Vijayakumaran :Sd/- Adv.Ravi Susha :Sd/- R.Vijayakumar :Sd/- // Forwarded by Order // Senior Superintendent Date of Filing: 02.01.09. Date of Order :30.07.2010 INDEX List of witness for complainant PW1 - Chellappan List of documents for complainant P1 - Copy of Agreement P2 - Copy of place and estimate P3 - Expert Report P4 - Commission Report P5 - Copy of Advocate Notice P6 - Acknowledgement card P7 - Postal Receipt P8 - Statement of accounts P9 - Copy of Receipt | 
