Kerala

Idukki

CC/123/2018

Frederic Mariya - Complainant(s)

Versus

Vijayan T K - Opp.Party(s)

Adv.Jomon Chacko

10 Jun 2019

ORDER

DATE OF FILING :22/06/2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 10^th day of June 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 123/2018

Between

Complainant : 1 . Frederic Mari,

Residing at door No.2, Rajarajan Street,

Vanarpet, Pondicherry Village,

Pondicherry Taluk, Now residing at Muthuplackal House,

Vellayamkudy Kara, Kattappana Village,

Idukki Taluk, Idukki District.

2 . Zeenath Bee Frederic Mari, W/o Frederic Mari,

Residing at door No.2, Rajarajan Street,

Vanarpet, Pondicherry Village,

Pondicherry Taluk, Now residing at Muthuplackal House,

Vellayamkudy Kara, Kattappana Village,

Idukki Taluk, Idukki District.

(Both by Adv: Jomon K.Chacko)

And

Opposite Party : Vijayan T.K.,

Vijayan T.K. And Associates, Wallardie Junction,

Vandiperiyar, Peermade Taluk, Idukki District.

(By Adv:Shiji Joseph)

 

O R D E R

 

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

The complainant entrusted the opposite party for constructing a mud house and entered into an agreement with the opposite party for constructing a mud house along with its land scaping including pond, stream, bore well, rain water harvest, fencing roads, path way, steps, bridges etc, buffallo grass planting, nursery under pass, terrace, flat forms, flower garden, fruits garden etc for a total amount of Rs.90 Lakhs. As per the request of the opposite party the complainant entrusted the whole agreed amounts and then the

(Cont....2)

-2-

complainant went to France. On his return from France, he revealed that, the opposite party had not done any work as per the agreement and he cheated the complainant. Alleging unfair trade practice and deficiency in service, against the opposite party complainant filed this petition for getting relief such as to direct the opposite party to ascertain the damages caused to the complainant due to the deficiency in service on the part of the opposite party and further direct the opposite party to pay cost and compensation.

 

On going through the complaint, Forum convinced that the actual valuation of the complaint amount to 90 Lakhs rupees and the Forum is not in a position to entertain this complaint, due to the bar of pecuniary jurisdiction. Hence the Forum returned this complaint by directing the complainant to approach the concerned Forum having pecuniary jurisdiction to entertain the complainant.

 

Hence the complaint returned to the complainant.

 

Pronounced in the Open Forum on this the 10^th day of June, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT.ASAMOL P. (MEMBER)

 

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT