DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 155 OF 2019
DATE OF FILING: 2.9.2019 DATE OF JUDGEMENT: 20.01.2020
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad & Jagadish Ch. Barman
COMPLAINANT : Manoj Kumar Panda, son of Sukumaar Panda of Plaza Housing, Jaganathpur, Mahestola, Kolkata-700 050.
O.P/O.Ps : Soumen Naskar, son of Narendra Naskar , P.O & P.S Mahestala, Natunpara Bemin Pool, Kolkata- 141.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The complainant has been serving in Indian Army; he has no time to devote to the construction of a residential house on his land. So, he engaged the O.P with the construction of a house in terms of the agreement executed on 17.4.2015 by and between him and the O.P. The O.P agreed to raise a construction with specification as agreed upon for Rs.17,60,000/- to be paid by the complainant from time to time as the work of construction advanced. He paid Rs.16,20,000/- in all to the O.P . But construction has not been completed by the O.P. Persuasion after persuasions have yielded no result. Therefore, the complainant has come up before this Forum with the filing of the instant case , praying for passing an order directing the O.P to complete the construction and also for compensation. Hence, this case.
Notice of the case is served upon the O.P vide postal track report kept in the record. But the O.P does not appear to contest the case. The case is , therefore, heard exparte.
Petition of complaint is treated as evidence of the complainant vide his petition dated 25.11.2019.
DECISION WITH REASONS
It is to be seen now whether the complainant is entitled to get the relief as prayed for. Petition of complaint is treated as evidence of the complainant. It is stated in the petition of complaint that he engaged the O.P with the construction of a house of his land, that he has paid Rs.16,20,000/- to the O.P in different phases as demanded by the O.P. But the O.P has not completed the construction within the time schedule as agreed upon. The complainant has also filed the agreement book in compliance with the direction of this Forum. A perusal of the agreement book reveals that the agreement was executed between the complainant and the O.P and the O.P has signed the agreement. A further perusal of the agreement book reveals that the complainant has paid a fabulous sum of money to the O.P on different dates. It is further also found from the agreement book that the complainant has paid money to the O.P even after filing of the instant case, vide last page of agreement book. All these evidences go unchallenged and we have nothing to disbelieve the evidences of the complainant.
Regards being had to all these, we are of the opinion that the complainant is a consumer and he is entitled to relief or reliefs as prayed for and accordingly, the relief is provided as hereunder.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.P with a cost of Rs.10,000/-.
The directions are given as follows:-
- The O.P is to complete the work of construction as per specification of agreement.
- The complainant is to make balance payment to the O.P ,if not paid earlier.
- The O.P is to make payment of Rs.50,000/- as compensation for mental agony and harassment of the complainant.
All the aforesaid orders are to be carried out by the O.P within a month of this order, failing which, the compensation amount and the cost amount will bear interest @9% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member Member
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is decreed exparte against the O.P with a cost of Rs.10,000/-.
The directions are given as follows:-
- The O.P is to complete the work of construction as per specification of agreement.
- The complainant is to make balance payment to the O.P ,if not paid earlier.
- The O.P is to make payment of Rs.50,000/- as compensation for mental agony and harassment of the complainant.
All the aforesaid orders are to be carried out by the O.P within a month of this order, failing which, the compensation amount and the cost amount will bear interest @9% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
