By R.VIJAYAKUMAR, MEMBER.<br /> <br /> The compliant is filed for refund of advance amount Rs. 5,000/- with 9% interest and compensation Rs. 2,00,000/- and add: compensation Rs. 12,000/- and cost.<br /> <br /> The averments in the complainant can be briefly summarized as follows.<br /> <br /> The complainant is a contractor of construction works. The opposite party who is a supplier of building construction materials executed an agreement with the complainant on 28/12/06 that he will provide windows, doors, ventilators etc on or before January 10, 2007 for the construction of a building near Karbala Junction, Kollam for S.N.College Women’s Hostel. An advance amount of Rs. 5,000/- was received by the opposite party. The opposite party failed to comply with the agreement. The complainant sent a notice to the opposite party on 15/01/07 stating that due to the prolonged silence of the opposite party he could not complete the work and the party for whom the building was constructed were collecting Rs. 5,000/- per week of the belated period and he had incurred loss of Rs. 2,00,000/- till 15/01/07 and incurring loss even then. The Opposite party is liable to compensate that amount. Due to the deficiency in service on the part of opposite party the complainant suffered financial loss and mental agony. Hence the complainant filed that complaint for redressal of his grievance. <br /> <br /> The opposite party remained absent. Hence he set exparte. Complainant filed affidavit. Exhibits P1 to P4 marked. <br /> <br /> <br /> The points that would arise for consideration are:<br /> <br /> 1) Whether there is any deficiency in service on the part of opposite party.<br /> 2) Compensation and cost.<br /> <br /> As the opposite party remained absent we are constrained to relay upon the evidence adduced by the complainant.<br /> <br /> Point (I) Exhibit P1 is the notice dated 15/01/07 sent by the complainant to the opposite party along with the copy of the agreement by the complainant to provide windows, doors and ventilators. Violation of the agreement is an unfair trade practice and there is deficiency in service on the part of opposite party.<br /> <br /> Point (II) The complainant in his letter dated 15/01/07 claimed that he has sustained loss of Rs. 2,00,000/- because of the non-performance of the agreement. The agreement was executed on 28/12/06. As per agreement the materials were to be supplied on or before 10/01/07. The opposite party is not liable to pay Rs. 2,00,000/- as compensation for his delay of 5 days. As the loss of Rs. 2,00,000/- was sustained not because of the non-performance of the agreement. Exhibits P3 and P4 shows that penalty of Rs 3,000/- per week was deducted for 27 days and the total amount thus deducted was Rs. 11,572/-. This part bill was prepared on 27/12/06. The opposite party is not liable to compensate the penalty imposed upon the complainant as it was before the date of agreement. Ext: P3 and P4 shows that there was a previous practice of delay in construction and fine was imposed upon the complainant by the College management.<br /> <br /> The complainant has stated in the compliant that due to the silence of opposite party he could not complete the work in time and the college management was collecting Rs. 5,000/- per week of belated period. It was stated in the affidavit that he has sustained loss of Rs. 10,5001/- for the period from 28/12/06 to 23/07/07.Ext: P2 shows that Rs. 1,05,001/- was deducted from the actual bill amount . On perusal of exhibits we cannot say that the only reason for belated construction is the non-performance of agreement by the opposite party. <br /> <br /> <br /> Hence the complainant is partly allowed. The opposite party is directed to pay Rs. 5,000/- with an interest at the rate of 9% per annum from the date of agreement till the date of payment of the amount and Rs. 10,000/- as compensation and cost. <br /> <br /> The order is to be complied with within one month from the date of receipt of this order. <br /> <br /> <br /> Dated this the 30th June, 2008<br /> <br /> <br /> <br /> <br /> <br /> INDEX<br /> <br /> List of witness for the complaint<br /> PW1 M.Anil Kumar<br /> <br /> List of documents for the complaint<br /> Ext: P1 Notice dated 15.01.2007<br /> Ext. P2 Extract of the measurement book.<br /> Last page shows penalty. <br /> Ext. P3 Letter dated 01.12.2006.<br /> Ext. P4 Bill dated 01.12.2006.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />