DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 12^th  day of October 2023

C.C.363/2022

Complainant

Rajesh.K.K,

S/o. Karanan,

Kurungotu Thazhe Kunnil (HO),

Palayad Nada,

Kozhikode – 673521

                 (By Adv. Sri. Pradeepan Kuthirote)

Opposite Parties

     Shyju.K.K,

S/o. Balan,

Kallarakandy (HO),

Chellattupoyil,

Palayad Nada – 673521

                (By Adv. Sri. Madhu Mohan.D)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

By Sri. P.C. PAULACHEN  – PRESIDENT

             This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.   The case of the complainant, in brief, is as follows:

On 02/02/2021 the opposite party entered in to a works contract with the complainant for the construction of a house for the complainant at Meenathukara, Vannatharkandy Parambu, for an amount of Rs. 1,35,000/-. All the construction materials were supplied by the complainant on the spot and the work started in the year 2021. But the work is not yet completed. The opposite party has collected the entire payment. Even the concrete work of the roof is not done. The door and window frames and the building materials got damaged due to rain and bad weather conditions. The complainant has sustained huge financial loss and was put to gross mental agony. Even after the issuance of lawyer notice, the work is not completed. Hence the complaint to direct the opposite party to finish the work immediately and to pay compensation of Rs. 1,00,000/-.

3. Though the opposite party entered appearance through counsel, subsequently he remained absent and did not file written version. Hence he was set ex-parte on 16/03/2023.
4. The points that arise for determination in this complaint are:

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

5. The complainant was examined as PW1 and Exts A1, A2 and A3 series were marked.
6. Heard.
7. POINT No. 1 :  The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that there was neglect on the part of the opposite party to complete the construction of the house undertaken by him despite receiving the entire payment from the complainant.

8. PW1 has filed affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the affidavit of the complainant that though the opposite party received the entire payment of Rs. 1,35,000/-, the work is not yet completed, as a result of which, the building materials and the constructed portion of the wall, door and window frames etc. are damaged due to  rain and bad weather condition and he was put to huge monetary loss, besides mental agony. Ext A 1 is the copy of the MOU, Ext A 2 is the copy of the lawyer notice dated 8/11/2022 and Ext A3 series are the photographs of the incomplete construction.
9. The evidence of PW1 stands unchallenged. Ext A3 series lend support to the case of the complainant. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. There is no contra evidence to disprove the claim of the complainant.  The case of the complainant stands proved through the testimony of PW1 and Exts A1, A2 and A3 series. Unfair trade practice and deficiency of service on the part of the opposite party stands proved. The opposite party is bound to finish the work. Undoubtedly, the complainant was put to gross mental agony and monetary loss due to the unfair trade practice and deficient service of the opposite party, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 50,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs. 3,500/- as cost of the proceedings.  
10. Point No. 2:   In the light of the finding on the above points, the complaint is disposed of as follows:

1. CC 363/2022 is allowed in part.
2. The opposite party is hereby directed to finish the work of the house undertaken by him as per Ext A 1.
3. The opposite party is directed to pay a sum of Rs.50,000/- (Rupees fifty thousand  only) as compensation to the complainant.
4. The opposite party is directed to pay a sum of Rs. 3,500/- (Rupees three thousand five hundred only) as cost of the proceedings to the complainant.
5. The order shall be complied with within 30 days of the receipt of the copy of this order.  

Pronounced in open Commission on this the 12^th day of October 2023.

Date of Filing: 27/12/2022

                    Sd/-                                                               Sd/-                                                                 Sd/-

               PRESIDENT                                                MEMBER                                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the MOU.

Ext.A2 – Copy of the lawyer notice dated 8/11/2022.

Ext.A3 series – photographs of the incomplete construction.

Witnesses for the Complainant

PW1 -  Rajesh.K.K (Complainant)

                    Sd/-                                                                  Sd/-                                                      Sd/-

               PRESIDENT                                                    MEMBER                                           MEMBER

True Copy,

                                                                                                                                                                  Sd/-

                                                                                                                                                         Assistant Registrar