Kerala

Alappuzha

CC/225/2018

Sri.K.Sasikumar - Complainant(s)

Versus

Sri.Biju - Opp.Party(s)

02 Mar 2020

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

                    Monday the  02^nd   day of March, 2020

                               Filed on. 21.08.2018

Present

1.  Smt. Sholly.P.R ,LLB (President In charge)

2.  Smt. C.K.Lekhamma.LLB(Member)

                                                  In

                                      CC/No.225/2018

                                                     Between

Complainant:-                                                            Opposite party:-

Sri. K. Sasikumar                                                       Sri. Biju

S/o Krishnan Nair                                                      S/o Vijayan,

Kalleil Madom                                                           Ulladan Parambil

Thathampalli.P.O                                                        Thiruvambadi Ward.

Alappuzha                                                                   A.N.Puram,  Alappuzha

(Adv.V. Mohan Das)                                                   (Adv.K. Najeeb)       

                                                                            

                                                     O R D E R

SMT. SHOLLY.P.R (PRESIDENT IN CHARGE)

 

 The case based on a consumer complaint filed u/s 12 of the Consumer Protection Act. 1986 against the opposite party building contractor alleging deficiency in service.

1. The averments in the complaint in short are as follows:-

The opposite party is a person doing construction work of building and boundary walls under contract basis.   On 30-4-2018, the opposite party entered into an agreement with the complainant for the construction of boundary wall surrounding the property owned by the wife of the complainant having an extent of  12.02 ares in  Kumarapuram village.  The said agreement is for construction and rubbing of the boundary wall for the rate of Rs. 1600/- per meter.  The opposite party also agreed to complete the work within 45 days and thereby received an amount of Rs.25000/-(Twenty five thousand only) as advance for the work on the same day itself.  There after the opposite party received a total amount of Rs. 1,50,000/-(One lakh fifty thousand only) from the complainant on 3 consecutive days ie. On 3.5.2018, 7.5.2018 and 11.5.2018 and the same was endorsed and signed on the reverse side of the agreement.  But the opposite party has completed only the foundation work at certain places of the property and the opposite party showed slackness towards constructions of the boundary wall.  Even though the complainant insisted to complete the entire construction work as per the contract, the opposite party refused to carry out the remaining works by saying one or the other excuses.  After receiving the above said amount the opposite party left the work site by abandoning the agreed work and thereby he has violated the terms of the agreement, cheated the complainant and committed deficiency in service and the complainant sustained mental agony.  On 10-6-2018 the complainant sent a lawyers notice demanding to complete the construction work as per the agreement and the same was accepted by the opposite party on 21-6-2018, but the opposite party had not completed the work nor sent reply to the complainant.  Hence there is gross dereliction of duty and deficiency in service on the part of the opposite party and the opposite party is liable to complete the agreed construction work with immediate effect, otherwise he is liable to return the amount which he received from the complainant for the said construction and also liable to compensation on account of mental agony caused to the complainant.  Hence this complaint.

2.   In response to the notice the opposite party entered appearance, but not filed any written version or resisted the complainant though sufficient opportunities were given to the opposite party

3.      The points to be decided are as follows:-

          (1)  Whether there is any deficiency in service on the part of the

                Opposite parties?

          (2)  Whether the complainant is entitled to get relief sought for in

                the complaint?

          (3) Reliefs and costs?

4.      The complainant filed proof affidavit and produced 4 documents for proving his case.  As the opposite party has not chosen to cross examine on the affidavit filed by the complainant and mounted the box.  Exparte evidence was recorded on the basis of the proof affidavit and got marked Ext.A1 to A4.

 5.     Point No.1 and 2:-

These 2 points discussed jointly for avoiding repetition.  The averments in the complaint and the records produced would indicate that the opposite party entered into an agreement with the complainant for constructions of boundary wall and its rubbing and received a total amount of Rs. 1.75 lakh from the complainant.  It is alleged by the complainant that after receiving the above said amount the opposite party did not complete the agreed work.  According to the complainant the opposite party committed deficiency in service and unfair trade practice.  After giving sufficient opportunity the opposite party has neither present nor deputed any lawyer to cross examine the complainant and challenge the documents marked on the side of the complainant.  The unchallenged averments in the complaint, proof affidavit and Ext.A1 document are clearly established the grievance of the complainant which amounts to deficiency in service on the part of the opposite party.

In view of the materials available on record we have no hesitation to hold that opposite party has committed negligence and there is clear deficiency in service on his part.

          In the circumstances the complainant is entitled to get the reliefs sought for in the complaint.

6.      Point No.4:-

          In the result the complaint stands allowed directing the opposite party to construct the boundary wall and rubbing on the top as per Ext.A1 agreement or to return an amount of Rs. 175000(One lakh Seventy five thousand only) with 9% interest per annum and directed to pay Rs. 5000/- towards compensation and also directed to pay Rs. 2000/- towards costs of the proceedings to the complainant.

          The opposite party shall comply the order within 30days on the receipt of the copy of the order failing which the complainant is entitled to realize Rs. 1,80,000/- (One lakh eighty thousand only) (1,75,000 +5000) with interest @12% per annum from the date of complaint till  realization with costs of Rs. 2000/- from the opposite party and his assets.

Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the    02^nd    day of March, 2020.                   

                                    Sd/- Smt. Sholy.P.R (President In charge)

                                                 Sd/-Smt. C.K.Lekhamma (Member)

Appendix:-Evidence of the complainant:-

Ext.A1                 -        Copy of an Agreement dtd.30/04/2018         

Ext.A2                 -        Registered Notice.

Ext.A3                 -        Postal Receipt

Ext.A4                 -        Acknowledgment Card

Evidence of the opposite parties:-Nil

 

 

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                                     By Order

 

                                                                                                Senior Superintendent

Typed by:- Br/-

Compared by:-