Karnataka

Chitradurga

CC/319/2019

Smt. Shobha W/o Shivanna - Complainant(s)

Versus

Sri. Y. Kumar Aged about 45 years, Building Contractor - Opp.Party(s)

Sri.Thippeswamy.N

18 Jun 2019

ORDER

COMPLAINT FILED ON :03/05/2019

               DISPOSED ON:20/06/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 319/2019

DATED:20th JUNE 2019

 

PRESENT :-         SRI.T.N.SREENIVASAIAH      :   PRESIDENT                                                     B.A., LL.B.,

SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,         :     LADY MEMBER

                             SRI. SHIVAKUMAR.K.N         :     MEMBER

                                      M.Com., LL.B.,

 

 

 

COMPLAINANT/S

Smt. Shoba W/o Shivanna,

Major, Assistant Teacher,

R/o Budda Nagar, 4th Cross,

Chitradurga.

 

(Rep by Smt/Sri.Thippeswamy. N, Advocate)

 

 

OPPOSITE PARTY

Y. Kumar,

Age: 35 Years, Building Contractor,

Gandhi Nagar, Chitradurga.

 

(ex-parte)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the OP to direct the OP to pay Rs.2,05,000/- towards own damage, mental agony and to grant such other reliefs.

2.     Brief facts of the complaint is that, the complainant intended to construct the water sump and staircase in the open space belongs to her.  Accordingly, she approached the OP who is a building contractor on 03.05.2018.  The OP agreed to construct the water sump and staircase with materials for a sum of Rs.1,80,000/-and also assured to complete the said work within three months from the date of agreement.  Accordingly, on 24.05.2018, the complainant paid a sum of Rs.50,000/- towards advance amount and further on 10.06.2018 paid a sum of Rs.30,000/-, in all the complainant has paid Rs.80,000/-.  After receiving the above said amount, the OP started the work and done the work nearly for four days and thereafter, OP did not come to complete the work as agreed.  Therefore, the complainant approached the OP and requested to complete the said work, but the OP fails to do so, which is a deficiency of service in completing the work as per agreement and hence prayed for allow the complaint. 

 3.    After service of notice, OP did not appear before this Forum and hence, placed ex-parte. 

4. Complainant herself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 & A-2 and closed her side. 

 

5. Heard the arguments.  

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OP has committed deficiency of service in completing the work as per the agreement and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

       

7. Our findings on the above points are as follows.

 

        Point No.1:-Partly Affirmative.

        Point No.3:-As per the final order.

::REASONS::

 

8. Point No. 1:-It is the case of the complainant that, she has approached the OP who is a building contractor on 03.05.2018 for construction of the water sump and staircase in the open site belongs to her.  The OP agreed to construct the water sump and staircase with materials for a sum of Rs.1,80,000/-.  The OP assured to complete the said work within three months from the date of agreement.  On 24.05.2018, the complainant paid a sum of Rs.50,000/- towards advance amount and further on 10.06.2018 paid a sum of Rs.30,000/-, in all the complainant has paid  Rs.80,000/-.   After that, the OP started the work and done the work only for four days and thereafter, OP did not come to complete the work as agreed.  The complainant approached the OP and requested to complete the said work, but the OP fails to do so, which shows the negligence and deficiency of service in completing the work as agreed by the OP.

9. We have gone through the entire documents filed by the complainant.  There is no dispute that, the complainant intended to construct the water sump and staircase in the open site belongs to her.  For that, the complainant approached the OP who is a building contractor and the OP agreed to construct the above said work for a sum of Rs.1,80,000/- and to finish the same within three months.  The complainant has paid Rs.50,000/- on 24.05.2015 and Rs.30,000/- on 10.06.2018 respectively i.e., in all a sum of Rs.80,000/-.  The OP after receiving the amount, done the work only for four days and thereafter, failed to complete the work as agreed.  Complainant approached and requested to complete the work as agreed but, the OP failed to complete the work, which is a deficiency of service.  When the OP agreed to construct the work and received the amount towards the said work, his duty is to complete the work as agreed.  But, here the OP fails to complete the work as agreed.    In spite of service of notice sent by this Forum, the OP fails to appear before this Forum to disprove the case of the complainant, which shows the conduct of the OP.  So, in any angle, we find that, there is a deficiency in service on the part of OP for not settling the claim of the complainant.    Accordingly, we answer Point No.1 held as affirmative. 

 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to return a sum of Rs.80,000/- to the complainant along with interest at the rate of 9% p.a from the date of agreement i.e., 03.05.2018 till realization.

It is further ordered that, the OP is hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Members after the correction of the draft on 20/06/2019 and it is pronounced in the open Court after our signatures)

 

 

 

 

 

                MEMBER                                        PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:-Complainant by filing affidavit evidence

 

Witnesses examined on behalf of OP:

 

-Nil-

 

Documents marked on behalf of Complainant:

 

01

Ex-A-1:-

Agreement dated 24.05.2018

02

Ex-A-2:-

Receipt dated 03.06.2018

 

Documents marked on behalf of OP:

-Nil-

 

LADY MEMBER           MEMBER               PRESIDENT

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