IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 24th day of January, 2024
Filed on: 12.07.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No.193/2023
between
Complainant:- | Opposite Party:- |
Sri. Praveen Raj.R Sri. Rajukumar.M
S/o Rajagopal S/o Madhavan,
Alappattu House Moolassery House
Kurattisseri Village,. Mannar Village, Chengannur Taluk
Chengannur Taluk, Alappuzha Alappuzha
(Adv. C. Parameswaran) (Exparte)
ORDER
SMT.C.K.LEKHAMMA(MEMBER)
1. Brief facts of the complainant’s case are as follows:-
The complainant and the opposite party entered into an agreement, dtd. 24/8/2022, for the construction of the residential building of the complainant. Another agreement was executed on 28/1/2023 by fixing the construction cost at Rs. 31 lakhs and it was admitted and signed on the agreement by the opposite party that he received an amount of Rs.26,50,000/- from the complainant. The complainant alleged that on different occasions opposite party received an amount of Rs. 4,30,000/-. Thereafter received Rs. 2 lakhs, Rs. 1,40,000/- from the complainant for the construction. Thus altogether opposite party received Rs. 34,20,000/- from the complainant. Further alleged that after receiving the said amount the opposite party abandoned the construction work without finishing electric work, plumping , roof tile structure work and flooring wooden work of the outhouse. As per the agreement the opposite party is bound to finish the entire work as stipulated in the agreement. Moreover , the use of low quality materials, not used required quantity of cement and the defective construction of foundation and structure caused cracks in various places on the wall. But opposite party did not complete the entire construction as agreed, the above acts of the opposite party amount to deficiency in service. Moreover, the opposite party is bound to finish the construction as well as rectify the defects appeared on construction. Therefore the opposite party is liable to pay compensation to the complainant and liable to return the excess amount of Rs. 3,20000/- from the complainant. Therefore this complaint was filed.
2. The points that arise for consideration are as follows:-
1. Whether the opposite party is liable to pay Rs. 3,20,000/- as claimed in the complaint?
2. Whether the opposite party committed deficiency in service?
3. Reliefs and costs?
The complainant filed proof affidavit Ext.A1 and A2 were marked and the commissioner was examined as PW2 and Ext.C1 and C1(a) series were marked. Opposite party remained absent and proceeded with exparte. Heard the counsel for the complainant.
3. Point Nos. 1 and 2:-
On perusal of Ext.A1 and A2, it is revealed that there was an agreement for construction between the parties. Ext.A1 is the 1st agreement executed between the parties dtd. 24/8/2022. Thereafter Ext.A2, a revised agreement dtd. 28/1/2023 executed by the parties. As per Ext.A2 the total amount of construction was fixed at Rs. 31 lakhs and it seems that the opposite party received Rs. 26,50,000/- from the complainant for construction and the opposite party admitted and affixed his signature on Ext.A2. It is mentioned in Ext.A2 that the remaining amount of Rs. 4,50,000/- should be paid by the complainant in four instalments. The complainant alleged that the opposite party received an excess amount of Rs. 3,20,000/- from the complainant on different occasions. It is pertinent to note that the schedule of work under took by the opposite parties is not produced. But nothing is before us to prove the evidence of said transaction except the affidavit of the complainant. It is to be noted that despite the receipt of notice, the opposite party remained absent. Therefore the opposite party failed to provide any evidence against the evidence of the complainant. However, without any single piece of evidence showing the transaction, we cannot attain a conclusion that such a huge amount was received from the complainant by the opposite party. Therefore we are unable to give any direction to repay Rs. 3,20,000/- as claimed by the complainant. Matter is being so, in Ext.C1 report filed by PW2, it is specifically mentioned various construction defects Serial Nos. 3 to 5 and 7 to 14 of the disputed building. The said report remained unchallenged but it is noted that in the above report did not mention the total expenses of construction and did not mention about the expenses for rectifying the defects found by PW2. It seems that the complainant did not file any objection to the Ext.C1 report. Therefore we are unable to quantify the expenses for construction and rectification work. However, as per the observation in the Ext.C1 report we find defective construction was done by the opposite party since used poor quality of materials and lack of skilled labour. Therefore it can be undoubtedly seen that mental agony was caused to the complainant due to the above anomaly. The above acts of the opposite party amount to deficiency in service. Therefore the complainant is entitled to get compensation from the opposite party.
4. Point No.3:-
In the result, the complaint is allowed in part.
1. The opposite party is directed to pay Rs. 50,000/-(Rupees Fifty thousand only) towards compensation for deficiency in service, the above amount shall carry interest @ of 8% per annum from the date of complaint, ie, 12/7/2023 till realization.
2. The opposite party is directed to pay Rs. 5000/-(Rupees Five thousand only) towards costs of the proceedings to the complainant.
The order shall be complied with within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 24th day of January, 2024.
Sd/-Smt.C.K.Lekhamma (Member)
Sd/-Smt. P.R. Sholy (President in Charge)
Appendix:-Evidence of the complainant:-
PW2 - Jayakrishnan.P.B(Commissioner)
Ext.A1 - Copy of Agreement dtd. 9/9/2021
Ext.A2 - Copy of Agreement dtd 28/1/2023
Ext.C1, C1(a) - Commission Report & Photographs
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
