BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 252/2018 Filed on 16/07/2018

ORDER DATED:  10/05/2022

ORDER

SRI. VIJU  V.R:  MEMBER

The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986.  The facts of the case are that the complainant has entered into an agreement with the opposite party for constructing a house.  But the opposite party has not completed the work even after nine months.  The complainant has fixed his house warming function on 18/01/2018, but on that date also the construction was not completed by opposite party.  On 31/8/2018 the complainant has settled in the incomplete house and demanded the opposite party for complete the remaining works.  But opposite party has not completed the work because complainant denied the demand of extra amount by the opposite party before the settlement in the new house.  The complainant has given Rs.30,000/- before his settlement in the new house.  The opposite party demanded more money after one week from the date of payment of Rs.30,000/- for the extra work that he has done.  complainant denied this demand of opposite party.  The complainant had given Rs.50,000/- for constructing the basement of the wall and also paid Rs.3,40.000/- for the extra works done by the opposite party.  The complainant after inspecting the house with the help of another contractor and came to know that the opposite party has not spend more than Rs.15,00,000/- for the construction of the house.  The complainant also came to know that the materials used for construction such as tiles, wires, switch boards and fan regulators are of low quality.  The complainant filed police complaint against the opposite party stating all these things, but opposite party was not ready to complete the work of the house.  The act of opposite party amounts to deficiency in service, hence this complaint.

                        The notice to the opposite party returned as unclaimed.  So opposite party was set ex-parte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii) :  The complainant had filed affidavit in-lieu of chief examination and has produced 8 documents which were marked as Ext. P1 to P8.  Even though expert commissioner has been appointed by this commission he has not filed the report.  On going through Ext P4 (series) it can be seen that the complainant has paid several amounts to opposite party at different stages of work.  The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  The opposite party is bound to complete the work as per agreement.  But he hasn’t done that as evident from the documents produced by the complainant, and hence we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite party.  Hence the opposite party is liable to compensate the complainant.

In the result, the complaint is allowed.  The opposite party is directed to pay Rs.14,50,000/- (Rupees Fourteen Lakhs Fifty Thousand Only) as compensation to the complainant for the act of deficiency in service done by the opposite party and pay Rs.2,500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 10^th  day of May  2022.

            Sd/-

P.V.JAYARAJAN                 : PRESIDENT 

          Sd/-

PREETHA G. NAIR              : MEMBER    

         Sd/-

                                                                 VIJU V.R                          : MEMBER

R                                                                                            

   C.C. No. 252/2018

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

        Sd/-

PRESIDENT

R