IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 29th day of April , 2017.
Filed on 11..11..2016
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier( Member)
3. Smt. Jasmine.D. (Member)
in
C.C.No 364/2016
between
Complainant:- Opposite Party:-
Smt. Sethu Sri. Mohanan
D/o Sankaran S/o Thankappan, Sonia Bhavan
Sankara Nilayathil Thaikkattusseri Panchayath
Pallipuram Panchayath Thaikkattuseri Village
Pallipuram Village Ulavaipu.P.O
Pallipuram.P.O, Cherthala. Cherthala, Alappuzha.
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant case in succinct is as follows:-
The complainant on 27th December 2014 entered into a labour contract with the opposite party building contractor to get his residential building constructed. As per the said agreement, complainant would provide the materials required for the construction of her residence. The opposite party would employ laborers for the different works to get the construction completed with eight months. As per the stipulations in the agreement the complainant would pay an amount Rs.300/- per square feet. However a portion of the amount would be paid in lump some vide three installments viz an amount of Rs. 75,000/- each would be paid when each stage amongst three phases of work is completed. The balance amount if any would be paid after competition of the entire three phases. However the opposite party availed axcess amount from the complainant when each phase was finished. In the said manner the opposite party obtained an excess of Rs. 1, 91, 478/-. When the complainant made queries as to this the opposite party arbitrarily pulled out from executing his part of contract, and the complainant had to invest another amount of Rs. 50,000/- to get the work completed. The complainant was forced to lose out the said amount of Rs. 50,000/- for the opposite party’s unlawful back out from the agreement. The opposite party willfully stayed away from completing construction work of the complainant’s residence. The opposite party not only got hold of extra amount from the complainant but also caused monetary loss and mental agony to the complainant. The complainant on being aggrieve on this approached this Forum for compensation and other relief.
2. Even though notice was sent the opposite party was not keen on appearing before this Forum to rebut the complainant case. With the result the opposite party was set ex-partie.
3. The complainant evidence consists of the testimony of the complainant and the documents Ext.A1 to Ext.A4 were marked.
Holding the complainant’s contentions in view, the questions that crop up for consideration are:-
- Whether the opposite party got hold of excess amount from the complainant?
- Whether the complainant is entitled to any relief?
4. The complainant’s specific case is that the complainant entered into an agreement with the opposite party to get the complainant’s residence constructed. The opposite party is contractor by calling. As per the agreement, the complainant would provide sufficient materials, and the opposite party would complete the construction work on employing the laborers on his part. The complainant would pay him Rs. 300/- per square feet, and a portion of the total amount would be paid vide four stages. Viz Rs. 75,000/- each, when every stage is completed. After the competition of the entire four stages, the balance amount is any due to the opposite party, the same would be paid in the line with the stipulation of the agreement. Nonetheless the opposite party on every stage obtained extra amount from the complainant taking the surplus amount of Rs. 1,91,478/- with the opposite party’s possession. Bearing in mind the complainant’s contention alive in mind, we anxiously perused the available materials placed on record by the parites. The documents Ext.A1 to Ext.A4 evince the complainant case as put forth by the complainant. As we have already observed the opposite party was reluctant to turn up before this Forum or contend the complainant’s probable case which has been more furthered by the proof affidavit and the Exibits produced and marked by the complaint. We have no hesitation to hold that the complainant case stands well substantiated. We need hardly say, the complainant is entitled to relief.
In the result complaint allowed, the opposite party is directed to pay an amount of Rs. 1,91,478 (One lakh Ninety one thousand Four hundred and Seventy eight only) to the complainant. The opposite party is further directed to pay to the complainant an amount of Rs. 3000/- (Three thousand only) as compensation and Rs. 2000/-(Two thousand only) as cost. The opposite party shall comply with the order of his court within 30 days of receipt of this order.
Pronounced in open Forum on this the 29th day of April, 2017.
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Elizabeth George (President) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Work contract
Ext.A2 - Copy of Estimate of Raw materails
Ext.A3 - Copy of Work Details
Ext.A4. - Copy of Plan
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
