ORDER

(Passed on  26/09/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

             The complainant has filed this complaint U/s 12 of the Consumer  

Protection Act,1986 against non completion of construction of his house by the Opposite party within a reasonable period and praying for refund of amount paid alongwith cost & compensation total amounting to Rs.3,30,200/-

2.         The facts in short giving rise to this petition are that the complainant is a resident of Mitranagar, Chandrapur Tah.& Distt. Chandrapur.  The OP is a Civil Contractor. The complainant wanted to construct a house for his own residential purpose after his retirement. He entered into a contract with the OP for its construction and paid Rs.20,000/- as advance. He further paid Rs.20,000/- and Rs.50,000/- to the OP for purchasing cement, steel and other building materials. However, the OP, inspite of several requests, failed to construct  the house as per agreement within a reasonable time. Therefore the complainant issued legal notice to the OP on 21.3.2015 but the OP failed to comply the notice. The complainant suffered financial loss and loss of cost of material amounting to Rs.3,30,200/-.  Hence, the complainant has filed this complaint.

3.       The complaint is admitted and notices were served on the OP. The OP filed reply and thereby denied allegations, but admitted the agreement of construction of house between the parties and submitted that the complainant failed to pay the balance amount towards construction and as a result the construction could not be completed. Hence there is no breach of terms and conditions of contract on the part of OP. On the other hand, the complainant has no locus standi to file the complaint because it is barred by limitation. Therefore the petition deserves to be dismissed with cost.

4. We have gone through the complaint, written versions filed by OP affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                     Yes

2.  Whether there is deficiency in service on the                             No.

     The part of OP ?

3.  What order ?                                                                  As per final order..

As to issue No.1

5.     The OP admitted the execution of construction agreement between the complainant and OP for the house of complainant. Hence the complainant is a Consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act,1986. Hence the issue has been decided accordingly. 

As to issue No.2

 The complainant has not filed any written agreement of construction of house and payment of bills for the material purchased. There is no evidence on record in respect of payment of money or acknowledgment of money by the parties. The paper filed on record at Exhibit C/5/A showing the calculation bears no signature or authorization. Therefore that piece of paper has  no evidential value and can not be read as evidence. Therefore the complainant’s case is not made out for negligence in service on the part of O.P. The burden of proof to prove the allegations primarily cast upon the complainant who has come out with the case of negligence. There is no evidence for negligency of service on the part of OP. Hence the issue is decided in the negative.

As to issue No.3

6.        In view of our observation to the issue No.1, we pass the following

order..

Final order

1. The Complaint is dismissed without cost.

2. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President