IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of March, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C. No. 10/2013 (Filed on 21.01.2013)
Between:
Jacob K.P.,
Kalathilparampil,
Chalakuzhy Muri,
Azhiyidathuchira P.O.,
Thiruvalla – 689 113. … Complainant.
And:
Sethu P.S.,
Koikkamalayil House,
Muthoor P.O.,
Thiruvalla – 689 107. … Opposite party
ORDER
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the case is as follows: Opposite party is a labour contractor engaged in construction work. On 03.05.2012, complainant entrusted the construction work of his house to the opposite party. As per the agreement, the term for completion of work is 3 months. But after 5 months, the work was not completed by the contractor and the contractor stopped the work. Moreover, the bathroom constructed by the opposite party is also separated from the main wall and it is to be demolished and is to be reconstructed.
3. Complainant paid Rs. 1,87,600/- to the opposite party. As per the agreement and the work done by the opposite party, he is entitled to get only Rs. 1,49,490/-. But without finishing the work, opposite party received an excess amount of Rs. 38,110/- from the complainant. With the interference of Sub Inspector of Police, Thiruvalla, opposite party agreed to return Rs. 30,000/- and to complete the work. But he paid only Rs. 20,000 and he had not completed the work. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting Rs. 1,38,110/- as cost and compensation to the complainant.
4. In this case, opposite party is exparte.
5. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral testimony of PW1 and Exts. A1 to A3. After closure of evidence, complaint was heard.
7. The Point: The complainant’s allegation is that he had entrusted the construction work of his house to the opposite party who is labour contractor. As per the agreement, the term for completing the work is 3 months. But the opposite party received excess amount from the complainant and not finished the work in time. Without completing the work, opposite party stopped the work. Opposite party received Rs. 38,110/- excess from the complainant for the unfinished work. The works done are also defective. Hence this complaint for getting the excess amount collected by the opposite party along with cost and compensation.
8. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and produced 3 documents which are marked as Exts. A1 to A3. Ext. A1 is the agreement dated 03.05.2012 entered into between the complainant and the opposite party. Ext. A2 is the book showing payment made by the complainant. Ext. A3 is the measurement of the constructions made by the opposite party.
9. On a perusal of the deposition of PW1 and Exts. A1. it is seen that the complainant and the opposite party entered into an agreement for building construction on 03.05.2012. From Ext. A2, it is revealed that Rs. 1,87,600/- is paid by the complainant to the opposite party. From the deposition of the complainant, it is learnt that the opposite party did not finish the work within the stipulated time and he stopped the work. Moreover, he had received excess amount from the complainant.
10. Since the opposite party is exparte, we find no reason to disbelieve the allegations of the complainant and hence the complainant’s case stands proved as unchallenged. So we find that the act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same. Therefore, this complaint is allowable.
11. In the result, this complaint is allowed; thereby the opposite party is directed to return the excess amount of Rs. 18,110/- ( Rupees Eighteen thousand one hundred and ten only) received from the complainant with 10% interest from the date of filing of this complaint along with compensation of Rs. 25,000/- (Rupees Twenty five thousand only) and cost of Rs. 1,000/- (Rupees One thousand only) to the complainant within 10 days from the date of receipt of this order, failing which the complainant is allowed to realise the whole amount with 12% interest per annum from today till the realization of the whole amount.
Declared in the Open Forum on this the 27th day of March, 2013.
(Sd/-)
K.P. Padmasree
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : K.P. Jacob.
Exhibits marked on the side of the complainant:
A1 : Agreement dated 03.05.2012 entered between the
complainant and the opposite party.
A2 : Book showing payment of Rs. 1,87,600/- made by the
complainant.
A3 : Measurement of the building construction.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party : Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Jacob K.P., Kalathilparampil, Chalakuzhy Muri,
Azhiyidathuchira P.O., Thiruvalla – 689 113. (2) Sethu P.S., Koikkamalayil House, Muthoor P.O.,
Thiruvalla – 689 107.
(3) The Stock File.
