Date of Filing      : 30.04.2019

                                                                           Date of Disposal  :08.06.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                 .…. PRESIDENT

                 THIRU. J.JAYASHANKAR, B.A, B.L.                                                            ..… MEMBER-I

                 THIRU P.MURUGAN, B.Com.,                                                                    ….. MEMBER-II

CC. No.31/2019

THIS WEDNESDAY, THE 08^th  DAY OF JUNE 2022

R.Ganaprakasam,

S/o.K.M.Ramanujam,

Plot No.78, 3^rd Street, Kamalam Nagar, Avadi,

Chennai -62.                                                 ............Complainant.

                                              //Vs//

Mr.T.David Gunaseelan,

S/o.N.Thangaiyan,

Proprietor D.M.Construction, No.10, Tank Street,

Kovilpathagai,Chennai -62.                                     ….opposite party.

Counsel for the complainant               :   Mr.S.K.Adam, Advocate.

Counsel for the opposite party           :   ExParte

This complaint is coming before us on various dates and finally on 02.06.2022 in the presence of Mr.S.K.Adam Advocate for complainant and the opposite party being set ex-parte for non appearance and non filing of written version and upon hearing the arguments of the complainant and upon perusing the documents and evidence and written argument of the complainant, this Commission delivered the following:

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

This complaint has been filed by the complainant U/S 12 of the Consumer Protection Act 1986 alleging deficiency in service seeking direction that the opposite party may be directed to pay Rs.19,00,000/- as compensation along with cost of this proceedings.

The Brief Fact of the Complaint is as follows:-

The crux of the complaint is that the complainant entered in to a construction agreement with the opposite party on 02.11.2015 to construct a residential building for him and the rate of construction was fixed at Rs.1400/- per sq feet.  The opposite party orally agreed to complete the construction within six months from the date of agreement and in pursuance to the same the complainant paid Rs.40,69,000/- to the opposite party in cash on various dates.  But the opposite party did not complete the construction and left the premises in half way and on request by the complainant to calculate the work done by him he visited the complainant’s premises and it was calculated that he had done only construction to the value of Rs.28,40,000/-.  The opposite party accepted and promised to repay the additional money received by him.  However, he failed to do so and started to threaten the complainant whenever he asked for the money.  Thus the opposite party failed to pay the balance amount of 16,50,000/- for which the present complaint was filed alleging deficiency in service on the part of opposite party and for direction to return the said sum with interest as mentioned above.

In spite of sufficient notice to the opposite party he remained absent and he was set exparte on 13.09.2019.

The complainant in proof of his pleadings had submitted documents marked as Ex.A1 to A8.

Point for consideration:

Whether the complainant was successful in proving the deficiency in service on the part of the opposite party and if so to what extent the opposite party should be held liable?

Point:

The following documents were filed by the complainant in proof of his complaint allegations.

1. The agreement entered between both the parties dated 02.11.2015 was marked as Ex.A1 in which the 2^nd opposite party had agreed to construct the building at the rate of 1400 per sq feet and the building specifications are provided there in;
2. The sale deed dated 28.03.1988 in favour of the complainant was marked as Ex.A2;
3. The payment sheet providing the details of payment made by the complainant is marked as Ex.A3.  In the said document the opposite party has affixed his signature and on perusal with naked eye we find that the same tallies with the signature in the agreement dated 02.11.2015 (Ex.A1).  The total amount received by him comes to Rs.40,69,000/-;
4. The building plan was marked as Ex.A4;
5. The police complaint given by the complainant dated 01.03.2019 against the opposite party was marked as Ex.A5 in which the complainant has stated that the opposite party having accepted to construct the building in the plot belonging to the complainant and had accepted money but did not complete the construction and when enquired he is threatening the complainant with rowdy elements;
6. The legal notice issued by the complainant to the opposite party claiming an amount of Rs.16,50,000/- along with interest totaling an amount of Rs.22,00,000/- was marked as Ex.A6;
7. The reply notice given by the opposite party was marked as Ex.A7. In the reply notice the opposite party had admitted that he entered into construction agreement with the complainant to construct the property at the rate of Rs.1400/- per sq feet and it is also admitted by him that whenever money towards construction was paid to him he used to acknowledge the receipt of the same in the construction agreement. However, the opposite party has mentioned that Rs.10,00,000/- balance amount has to be paid by the complainant;
8. The estimate for the proposed construction of the incompleted dwelling house of the complainant dated 21.11.2018 was marked as Ex.A8.  The estimate was made by an approved valuer and builder.

Heard the oral arguments adduced by the learned counsel for the complainant and perused the pleadings and materials produced by the complainant.  Though the opposite party failed to appear before this commission he had accepted the complaint allegations in the reply notice issued by him for the legal notice given by the complainant.  Though it has been stated that the complainant has to pay a balance amount of Rs.10,00,000/- he has not chosen to appear before this commission inspite of sufficient notice issued to him.  In such circumstances we are of the view that the opposite party has committed deficiency in service in leaving the construction in an incomplete stage.  If the opposite party had completed the construction as provided in the reply notice there will not be any circumstance for the complainant to go for a police complaint.  Thus having received the amount from the complainant which is duly proved by Ex.A1 and A2, the agreement and receipt and having promised to construct the house, the opposite party ought to have completed the construction as per the specifications mentioned in the agreement but he has left the construction in middle which we hold as deficiency in service. Thus we answer holding that the complainant has successfully proved that the opposite party had committed deficiency in service.

With regard to the relief to be granted to the complainant, the complainant had produced an estimation report which is not rebutted by the opposite party by appearing before this Commission.  Hence we accept the same and we hold that the opposite party is liable to repay the amount as claimed by the complainant. 

In the result, the complaint is allowed and the opposite party is directed to pay Rs.19,00,000/-(Rupees nineteen lakhs only) within six weeks from the date of receipt of this order copy.  Cost of Rs.5,000/-(Rupees five thousand only)  is awarded.  If the amount of Rs.19,00,000/- is not paid within the stipulated time it shall carry interest at the rate of 6% from the date of complaint till realization.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open Commission of this 08^th day of June 2022.

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 MEMBER-II                                         MEMBER-I                                     PRESIDENT

List of document filed by the complainant:-

List of documents filed by the oppostie party;

Nil

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MEMBER-II                                         MEMBER-I                                       PRESIDENT