DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA
AT: KASTURI NAGAR, Ist. LANE, L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,
STATE:ODISHA, PIN NO.765001, PHONE/FAX
NO.06856-223025.
....
C.C. Case No.16/ 2015.
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B, President.
Smt. Ch. Nirmala Kumari Raju, LLB, Member.
Sri N.Bala Raju, S/o Late Abhiram Nirmala,At: Bahupadar, P.o.Akhusingi, Dist. Rayagada,
…….Complainant
Srinivas Sabar,S/o Sri Narasingha Sabar,At: Dasardang guda, P.o.Peraekam,P.s.Ramanaguda,Dist.Rayagada. …..Opp.Parties
Counsel for the parties:
For the complainant: In Person
For the O.P:
JUDGMENT
The facts of the complaint in brief is that the Opp.Party has engaged the complainant for construction of house at their village in the year 2012-13 and the complainant worked for two months and at the time of work the O.p agreed to pay Rs.1,35,000/- in front of some relatives and witness for all the work but he only paid Rs. 1,10,000/- and the balance amount is pending . The work is already completed by the O.p is not paying the balance amount of aR.25,000/- . Hence the complainant prayed to direct the O.ps for payment of Rs.25,000/- and compensation and litigation expenses. Hence, this complaint.
Being noticed, the Opp.Party appeared and filed written version inter alia denying the allegations on all its material particulars. It is stated by the O.p that the O.p has not engaged the complainant for construction of house of the O.p at village Dasardang in the year 2012-13 and the complainant has not worked for two months. It is also not true that the O.p has decided to pay sum of Rs.1,30,000/- to the complainant in present of some witnesses and relatives for all work and he has not paid Rs.1,10,000/- to the complainant . The O.p submits that the O.p has not engaged the complainant for construction of his house at any time and hence the O.p is not liable to pay balance amount of aRs.25,000/- or any litigation amount to the complainant and as such the above complaint is liable to be dismissed.
We perused the complaint petition and documents filed by the parties. In support of his complaint the complainant has filed affidavit of two witnesses who were remain present at the time of construction of work of the O.p. The O.p has simply denied the allegations of the complainant but to substantiate their case the O.p has not filed any evidence and hence we can not believe the mere denial of the O.p as the complainant has filed affidavit of two witness for his evidence. Hence, we believed the contentions of the complainant and found guilty on the part of the O.p in not paying the agreed amount for construction work of his house. Hence, it is orderd.
ORDER
The opposite party is directed to pay the balance amount of aRs.25,000/- along with compensation of Rs.5,000/- and cost of litigation of Rs.500/- to the complainant within one month from the date of receipt of this order, failing which the O.Ps are liable to pay penal interest @ 12% p.a. on the above awarded amount till the date of payment.
Pronounced in open forum today on this 16th July, 2015 under the seal and signature of this forum.
A copy of this order as per the statutory requirements , be forwarded to the parties free of charge.
Member President
Documents relied upon:
By the complainant:
- Two affidavit of witnesses.
By the Opp.Party: Nil
President
