BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.112 of 2021

Date of Instt.10.03.2021

Date of Decision:-28.09.2021

Balvir Singh aged about 54 years son of Sh. Darshan Singh resident of Village Bhaini, Tehsil Phillaur, District Jalandhar.

..........Complainant

Versus

Sodhi Ram S/o Gurnam Singh R/o Village Samradi, Post Office Aapra,Tehsil, Phillaur, District Jalandhar.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

Sh. Jaswant Singh Dhillon (Member)

Present: Sh. Vikas Sharma, Adv. Counsel for the Complainant.

OP exparte.

Order

Kuljit Singh(President)

1. The instant complaint has been filed by the complainant, wherein alleged that the complainant owns a residential house situated at the village Bhaini Tehsil Phillaur District Jalandhar. Copy of Aadhar card of complainant is Ex C-1.That the opposite party is also inhabitant of village Samradi Post office Aapra, Tehsil Phillaur District Jalandhar situated nearby to the village of the complainant and is working as a civil contractor and is running the business of construction, repair& re-construction of building/houses on contractual basis or on daily wages, either with material or without material. That in the month of July 2018 the complainant also intends to get re-constructed his old house as such, the complainant came in contact with opposite party and shown the proposed site plan of the construction in this regard. The OP after visiting the spot duly assured and agreed to re-construct the entire house of the complainant with front alleviation as per the site plan for a total consideration ofRs.13,20,000/- as lump-sum full and final payment for entire construction work which includes the cost of the entire building materials as well as the labour& meson charges for the re-construction of the house of complainant to which the complainant also agreed to pay to the OP. The copy of the site plan and front alleviation are Ex C-2 & Ex C-3. That as per the terms & conditions of the oral agreement, the opposite party had agreed and assured to conclude the entire construction work of the house of complainant within a period of 7 months i.e. from August 2018 to February 2019.Thatas per the agreement, the OP started the construction work at the spot in August 2018 but, after few days of starting of the construction work, the OP approached to the complainant and told that his daughter had applied for “Study Visa” to go to Abroad. As such, he is in urgent need of money to the tune of Rs.7 Lacks, in order to show sufficient balance funds in his Bank account to the embassy. Hence, the OP requested the complainant, to please give him an advance money to the tune of Rs.7 lacks out of the total construction amount of Rs.13,20,000/-. The OP further assured the complainant that the above said advance money shall be duly adjusted towards the agreed cost of construction work of the house of complainant and also told that the OP will complete the entire work within the agreed time. Thus, keeping in view, the urgent need of the OP, the complainant agreed and paid an amount ofRs.7,00,000/- (Seven lakhs) to the OP vide various cheques all drawn on Punjab National Bank, Branch Phillaur, District Jalandhar. Not only this, the complainant also paid another sum ofRs.1,11,000/-in cash to the OP, in order to purchase the building material, wages etc. by withdrawing the same from his Punjab National bank. Thus, till 28.11.2018,the complainant had already paid a total sum ofRs.8,11,000/- to the OP. The details of payment made by complainant to OP are as follows:-

The copy of Bank statement to this effect is Ex C-4.

2. That in order to get his house constructed and also to pay the above said advance money to the OP, the complainant and his wife Smt. Kashmir Kaur also took various loans and credit limits to the tune of Rs.4,50,000/-, Rs.3,00,000/-, Rs.1,50,000/-, Rs.1,28,000/-, Rs.1,70,000/-, Rs.3,00,000/- etc. from UCO Bank, branch Phillaur, District Jalandhar and paid the said amount to the OP for construction of his house. The copies of Bank loan statements are Ex C-5 to Ex C-10.Thatin-spite of receiving a huge amount of Rs.8,11,000/- (i.e.more than half of the total amount)from the complainant, the opposite party, has failed to complete even half of the construction work, within the period of 7 months i.e. till February 2019 as assured by the OP. Rather, the OP continues to delay the work by one pretext or the other. The complainant number of times requested the OP to complete the work as early as possible as his entire family including his old aged heart patient mother, are living in a small room. Moreover, due to non-completion of construction work within agreed time, they have been compelled to cook their food in an open Kitchen in the winter season and that too by putting their kitchen articles under the staircase. Moreover, due to non-construction of house within stipulated period, the complainant has been compelled to keep his house hold articles and agricultural instruments in a rented accommodation for which he has also been compelled to bear the burden of payment of additional rent of Rs.2,000/- PM even after the expiry of agreed/stipulated date of completion of construction i.e. since February 2019 to till date. Even the water tank of the complainant was lying in the house of the neighbour. Not only this due to incomplete work of OP the sister-in-law (Bhabhi) of the complainant has suffered multiple injuries on her person due to fall in the open gutter as the OP has failed to even construct the Cover/Cap of the open gutter and the entire valuable goods and articled of the complainant were getting deteriorated. Due to which the house hold articles of complainant have been getting worn out day by day.Hence, the complainant requested the OP to complete the construction work as early as possible, but the OP took all the above requests and grievances of the complainant on deaf ears and had raised only partial construction at the spot and that too linter level of ground floor only till February 2019. Whereas, as per the agreement the OP is required to be completed the front alleviation as well as the entire construction work within 7 months. That instead of completing the construction work, the OP continues to sought more and more time from the complainant to conclude the construction. But, the OP put a condition upon the complainant that he will restart the construction work only if the complainant will pay a further sum of Rs.30,000/- cash to the OP. Hence, feeling aggrieved, the complainant requested the OP to enter into a written agreement/commitment with him in this regard. Hence, as per demand of OP a written agreement dated 11.02.2019 was entered between the parties, vide which it has been again assured by the OP that he will complete the construction work till 30-4-2019 without any default and out of the total balance amount of Rs.5,09,000/-the complainant will pay a sum ofRs.30,000/- in cash to the OP at the time of restarting of work and further an amount ofRs.3,29,000/-shall be paid to the OP in small instalments till the completion of the entire work and the remaining balance amount of Rs.1,50,000/-shall be paid to the OP only after the completion of the entire work. It has been further agreed between the parties that in case, the OP failed to conclude the construction work till 30-04-2019 then, the OP shall not be entitled for the payment of balance amount ofRs.1,50,000/-. Rather, in that eventuality the OP shall be liable to pay a sum ofRs.1000/- per day as penalty/compensation to the complainant for the delayed period till the completion of the work. The copy of the said agreement dated 11.02.2019 is Ex C-11. That as per agreement, the complainant again paid a further sum of Rs.30,000/- in cash to the OP on 11.02.2019 and further paid an amount of Rs.3,55,032/-to the various shopkeepers for the purpose of purchasing building materials and for payment of labour charges as per the instructions of Opposite Party. Not only this besides the above amounts, the complainant also paid another sum of Rs.50,000/-in cash to the OP on his demand. Thus, in total the complainant has already paid an amount of Rs.12,46,032/- to the OP before 30.04.2019. But, in-spite of receiving huge money from the complainant, the OP failed to complete the construction work. The photographs showing the incomplete construction and the open kitchen are annexed herewith and the same are Ex C-12 to Ex C-28.The detailed list of payment made by the complainant to various shopkeepers are Ex C-29to Ex C-31.That due to incomplete construction the house of the complainant has become the shelter home for the animals like SNAKES, RATS, RETTELS, COWS etc., and all the time the complainant and his entire family (i.e., his old aged mother, children and wife) have been compelled to life under fear of snake bites. The photographs of the snakes and cow are Ex.C32 and Ex.C33. That on failure of the OP to conclude the construction work the complainant asked the OP to return his money and also to pay the penalty amount of Rs.1,000/- per day to the complainant as agreed between them as per agreement dated 11.02.2019, but the OP neither constructed the house as per agreement, nor returned his money, nor he paid any penalty amount to the complainant till date. That thereafter the complainant visited the house of the opposite party on 12.04.2019 and requested him to either conclude his remaining work or to return his money then the son and daughter-in-law of the OP stared giving threats to the complainant that if the complainant ever came again to demand his money from them then, they will kill the OP themselves and will involve the complainant in false criminal cases by putting entire blame upon the complainant. The daughter-in-law of the OP also threatened that she will tear her cloths herself and will level false allegations on the character of complainant. On the other hand, the son of the OP told that the work will be restarted only when the complainant will pay a further sum of Rs.5 lacks to them. The complainant also prepared the video of the threats being given to the complainant by the son and Daughter-in-law of the OP in his mobile. The pen drive/CD containing the said video clip is Ex C-34. That the opposite party has played a big fraud with the complainant, as the OP after receiving huge amount of Rs.12,46,032/- from the complainant, had misappropriated and misused the same for the purpose of sending his daughter to abroad i.e. Germany and also to perform the marriage of his daughter, instead of using the said hard earned money of complainant for construction of his house and thus the OP has committed an offence of criminal breach of trust of the complainant besides deficiency on providing proper services to the complainant. That feeling aggrieved at the hands of OP the matter was immediately reported to the police by the complainant vide application No.705-PTM dt.13-05-2019. The copy of application is Ex C-35.That on the basis of above said complaint, the OP was called upon in the police station by the police at P.S. Phillaur where, the OP admitted his guilt and requested the complainant and the respectable to not to take any criminal legal action against him and further assured that he will complete the work till 20-10-2019. Hence, due to the intervention of respectable the matter was again compromised between the parties vide written agreement/compromise vide which the OP again gave false assurances to the complainant that he will complete the entire work till 20-10-2019. The OP further assured that if he failed to conclude the work within the said period then the OP shall be liable to pay/return an amount ofRs.2,45,000/-to the complainant on 20.10.2019 and will also be liable to pay Rs.1000/- per day as penalty charges to the complainant. The said compromise was also duly signed by the OP in the presence of the witnesses. Copy of the compromise is Ex C-36.That even after the compromise, the complainant requested the OP to complete the work within the agreed time, but all went in vain as the OP took it on deaf ears and continue to daily delay the matter by one pretext or the other. Rather in-spite of making various commitments, the OP again failed to even restart the construction even till the expiry of extended period till 20-10-2019 and the complainant has been compelled to continue to bear the harassment, mental tension and has been deprived to use his own house in-spite of spending huge money, and was also compelled to bear the burden of the rent for keeping his household articles and agricultural instruments and to live in messy atmosphere. Copies of rent receipts are Ex C-37& C-38.That besides making various commitments, the OP also sworn an affidavit dt.24.12.2019 to the effect that he will conclude the entire construction work till 03.03.2020 and in case of his failure to do so he will return Rs.2,45,000/- to the complainant and will also be liable to pay Rs.1,000/- Per day as penalty to the complainant. The copy of Affidavit is Ex C-39.That in-spite of giving an affidavit the OP has failed to conclude the work and also failed to return any money to the complainant as agreed by him. Hence, due to the illegal and deficient act and conduct of the OP the dream of the complainant to live in his house peacefully has been totally shattered by the OP and due to the above said reasons it does not seems to be viable for complainant to remain dependent upon the OP and also to believe the OP anymore especially when the complainant has been compelled to bear the burden of paying huge interest on the loan amount taken by him for the purpose of reconstruction of his house and to bear the cost of rent for keeping his goods and Agriculture instruments. Due to which it has become difficult for the complainant to live in such like atmosphere. Hence, feeling aggrieved and necessary the complainant was left with no option but to get his work completed by engaging another labour at his own extra cost. Thus, the complainant was compelled to bear the extra cost of Rs.65,000/- for constructing his incomplete kitchen and Rs.2,90,000/- for the remaining work of his house. Whereas the complainant has already paid an amount of Rs.12,96,032/- to the OP for the said work. Hence, due to which the complainant has suffered much harassment, mental tension, agony, pain and economic loss at the hands of OP. That besides the above said sufferings, the complainant also suffered loss of battery of his tractor. As due to none construction of his house, the complainant was compelled to park his tractor outside of his house as such, somebody has stolen the battery of his tractor. The matter in this regard was also reported to the police vide application No.554-5BH dt.11-06-2019. The copy of the complaint is Ex C-40.That due to the deficient, negligent, illegal acts and conducts of OP in providing proper services to complainant and failure to fulfill his part of agreement, the complainant has suffered much harassment, mental tension, agony, pain and economic loss at the hands of OP, the complainant and his family including his old aged and heart patient mother, children and wife have been compelled to live in one room and that too during the heating summer, cooling winter as well as during Rainy seasons since August 2018 to December 2020. Moreover, the complainant and his family have been compelled to cook their food in an open kitchen by putting their kitchen articles under the staircase. Rather due to the deficient and negligent conduct of OP the complainant has also been forced to kept his house hold articles and agricultural instruments in the rented accommodations on payment of Rs.2,000/- per month. That the OP intentionally and wilfully remained deficient and negligent in providing proper services to the complainant and due to these deficient and negligent acts and conduct of the OP the complainant has suffered much harassment, mental tension, agony pain and economic loss as the opposite parties has failed to provide proper services to the complainant and has also failed to construct the house of complainant as per agreement till date in-spite of receiving huge money of Rs.12,96,032/- from the complainant and as such, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OP be directed to pay an amount of Rs.2,45,000/- alongwith interest @ 24% per annum to the complainant w.e.f. 30.04.2019 as per agreement dated 11.02.2019 till the date of its realization and further OPs be directed to pay an amount of Rs.6,38,000/- i.e. Rs.1000/- per day to the complainant for 638 days w.e.f. 30.04.2019 till 30.01.2021 i.e. from the date of expiry of stipulated period of agreement dated 11.02.2019 till the date of its realization and further be directed to pay an amount of Rs.48,000/- i.e. the rent @ Rs.2000/- per month paid by the complainant to the landlords w.e.f. February 2019 to 11.02.2021 for 24 months for keeping his household goods and agricultural instruments and further be directed to pay Rs.65,000/- spent by the complainant as extra cost for construction of kitchen from his own pocket and further OPs be directed to pay Rs.2,90,000/- paid by the complainant for getting his remaining work completed by engaging another labour by spending extra money from his own pocket and further OP be directed to pay Rs.5,00,000/- as compensation to the complainant on account of harassment, mental tension, agony pain and economic loss caused to the complainant by the OP due to their negligent and deficient act and conduct and further OP be directed to pay Rs.33,000/- as cost and litigation expenses.

3. Notice of the complaint was given to the OP, but despite service OP did not come present and ultimately, OP was proceeded against exparte.

4. In order to prove his case, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA and some documents Ex.C-1 to Ex.C-40 and closed the evidence.

5. We have heard the argument from learned counsel for the complainant and also gone through the case file very minutely.

6. After considering over all circumstances, we came to conclusion that the factum in regard to construction of house of complainant by OP on contract basis for agreed sum is admitted fact. The complainant alleged that the OP had received extra amount as agreed but he failed to complete work but now he refused to return the said amount. But on OP has failed to rebut the allegations of the complainant. No doubt, to prove his claim the complainant has tendered his affidavit Ex.C-A and in support of his oral version OP has not completed the work and work was got completed from other mason and labourer for the best known reasons to the complainant, which shows that the complainant made concocted story just to harass the OP. Complainant has himself admitted that he received total amount out of agreed amount of and also admitted that he completed work, for that matter was gone before the respectable. Complainant categorically deposed that his construction was completed from other contractor by paying more amount. 7. On the other hand OP has failed to rebut all the allegation of complainant. As such, the version of the complainant made though affidavit and other documentary evidence is fully believable.

8. In view of the above discussion, the present complaint is ex parte partly allowed and OP is directed to pay to the complainant the amount paid by him to other contractor from his own to complete the work of his house alongwith interest @ 5% P.A. from the date of filing of this complaint till realization. Further, the OP is directed to pay Rs.5,000/- as compensation and Rs.2,000/- as litigation expenses. The entire amount shall be paid by the OPs within 45 days from the date of the receipt of the copy of the order.

9. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work. 10. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

28^th of September 2021

Kuljit Singh

(President)

Jyotsna

(Member)

Jaswant Singh Dhillon

(Member)