IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of October, 2015
Filed on 12.05.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC.No.140/2015
Between
Complainant: Opposite party:-
Sri. Girishkumar K.A. Sri. Sanal (Sunlaisan)
S/o Appachan, Indraprastham,
Karumasseri, Avalookkunnu P.O.
Ponnadu P.O. South Aryad
Alappuzha – 688 538 Alappuzha - 688006
O R D E R
SMT.JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant and the opposite party entered into an agreement on 26.08.2014. As per the said agreement, the opposite party agreed to construct the residential building of the complainant @ Rs.225 per sq ft. The said building is a double storied building having a total area of 2000 sq ft. The opposite party received an amount of Rs. 5,000/- in advance. The time fixed for the completion of the building is one year. As per the said agreement the work consists of construction of ground floor and first floor including flooring and painting. An amount of Rs.3,00,000 has been received by the opposite party till 15.01.2015. But the construction of even the ground floor has not been completed. As per the agreement construction of ground floor having an area of 1200 sq ft including laying tiles and painting will cost only Rs. 2,75,000/- But the opposite party without completing the work of ground floor an amount of Rs. 3,00,000/- has been collected from the complainant. Thereafter the opposite party left from the work demanding more amount, since the opposite party is not willing to do the work as per the said agreement the complainant by engaging labourers for daily wages constructed the building. The complainant filed petition before C.I. of Mararikkulam Police Station and as per the said petition the opposite party agreed to return the balance amount which was collected in excess and accordingly the work done by the opposite party has been assessed by an authorized engineer and prepared an estimate of Rs. 2,00,000/-. But the opposite party has not refunded any amount so far hence filed this complaint seeking refund of the excess amount collected along with compensation of costs.
2. Notice was served to the opposite party, but he did not appear before the Forum and hence set ex-parte.
3. The complainant filed proof affidavit and produced 6 documents which were marked as Exts.A1 to A6.
4. Considering the allegations of the complainant the forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entitled to get compensation and costs from the opposite
party?
5. Issues 1 and 2:- According to the complainant he entered into an agreement with the opposite party for labour contract for the construction of his house having an area of 2000sqft at the rate of Rs.225 per sq ft. Ext.A1 document evidenced the same. As per the document the period fixed for the construction is one year. As per the Ext.A1 agreement the opposite party has to construct the ground floor having an area of 1200 sq ft and first floor having an area of 800 sq ft including flooring and painting. But the opposite party contrary to the agreement left from the work without completing the work by demanding more amount. The complainant sustained much mental agony. The complaint who is a government employee caused much inconvenience to engage other labourers for daily wages and to complete the construction of the residential building. Notice was served to the opposite party, but he did not appear before the Forum. As per the agreement entered between the complainant and opposite party, the opposite party has to finish the construction of 2000sqft area of double storied building within one year. But without completing the work of the ground floor of the said building the opposite party stopped the work. The endorsement on Ext.A2 shows that opposite party has received an amount of Rs.3,02,080/- from the complainant till 14.01.2015. Ext.A6 shows that thereafter the complainant contacted the opposite party many times. An authorized engineer assessed the work done by the opposite party and prepared an estimate of the work done which amounts to Rs.1,91,743/-, but the opposite party collected an amount of Rs,3,00,000/- from the complainant which is evident from Ext.A2 which was signed by the opposite party. Therefore according to the complainant he has paid an excess amount of Rs. 1,00,000/-. The endorsement on Ext. A2 shows that the opposite party has collected an amount of Rs. 3,02,080/- from the complainant. Ext.A5 the assessment of engineer shows that the work done by the opposite party amounts to Rs. 1,91,743/- only. So it is clear that the opposite party has received an excess amount of more than 1 lakh from the complainant. As per Ext.A1 for completing all the works of ground floor having an area of 1200 sq ft will cost only Rs.2,70,000/- only. Here the opposite party has not completed all the works of the ground floor. According to the complainant he paid an excess amount of Rs.1 lakh. The opposite party was given sufficient opportunity to contest the case, but he did not turn up. The unchallenged averments of the complainant through proof affidavit and along with supporting documents proved the case of the complainant. In view of the above discussions we are of the opinion that failure on the part of the opposite party in completing the construction work of the complainant as per Ext.A1 agreement, amounts to deficiency in service. The complainant sustained much mental agony and inconveniences due to the act of the opposite party. From the evidence, it is proved that opposite party did not complete the work and an excess payment was received for the work done contract terminated and hence complainant is entitled to get compensation, cost and interest on the excess payment. So the complaint is allowed accordingly.
In the result, the opposite party is directed to pay an amount of Rs. 1,00,000/- (Rupees one lakh only) to the complainant with 8% interest from the date of complaint till realization. The opposite party is further directed to pay an amount of Rs.5,000/- (Rupees five thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards costs of this proceedings. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 30th day of October, 2015.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President) Sd/- Sri. Antony Xavier (Member)
APPENDIX:
Evidence of the complainant:
Ext.A1 - Agreement executed between the complainant and the opposite party on
26.08.2014
Ext.A2 - Statement of cash received from the complainant
Ext.A3 - Complaint filed before the Mararikkulam Circle Inspector
Ext.A4 - Complaint of the building
Ext.A5 - Estimate prepared by the engineer
Ext.A6 - Call details of the complainant
Evidence of the opposite party:- Nil
//True copy//
By order
Senior Superintendent
To
Complainant/opposite party/Stock file
Typed by:- pr/-
Compared by:-
