IN THE CONSUMER DISPUTES REDRESSAL FORUM KOTTAYAM

Present:

Hon’ble Mr.Bose Augustine, President

        Hon’ble Mr. K.N. Radhakrishnan, Member

 Hon’ble Mrs. Renu.P.Gopalan, Member

                                                                                                  CC No.  127/16

Thursday the 30^th  day of June, 2016

Petitioner                                          : Sreedharan,

                                                             Anakuzhi House,

                                                             Malakunnam PO

                                                             Changanacheery

         Vs

Opposite parties                               :  Vishnu,

                                                              Contractor,

                                                              Anjali, Puthenpalli Bhagam,

                                                              Kurichi panchayat 686 532.

O R D E R

Hon’ble Mr. K.N. Radhakrishnan, Member

          The case of the complainant is as follows.

          He is an old man from the SC community and as per the Housing Scheme of the Pallam Block Panchayath the petitioner got sanctioned Rs.3,00,000/- for construction of a new house.  The opposite party assured that within 3 months the house construction will be completed.  On the basis of the assurance made by the opposite party the complainant entrusted the House construction for the above 3 lakhs.  The opposite party’s received Rs.17,500/- on 27-1-2016 and Rs. 41,000/- on 18-1-2016.  But the opposite party had started the construction only up to the level of “Kattila”.  Thereafter the opposite party did not turned up.  The complainant contacted the opposite party several times. But all of them the opposite party made lame excuses.  There was deficiency in service from the side of the opposite party.  The complainant had sustained loss and sufferings due to the negligent act of the opposite party.  Hence this complaint.

          The notice was served with the opposite party.  He did not appear either in person or through their counsel even after accepting the notice from this forum.

          The complainant filed proof affidavit and documents which are marked as Exts. A1 to A3.

          Heard complainant.  We have gone through the complaint, documents and evidences.  The case of the complainant stands unchallenged by the opposite party even after accepting the notice from this forum.  So we have no reasons to dis-believe the sworn proof affidavit and documents of the complainant.  Hence we are of the opinion that the case of the complainant is to be allowed.

          In the result the complaint is allowed as follows.

 We direct the opposite party to refund Rs.58,500/- to the complainant and pay Rs.5000/- as compensation for inconveniences and pay Rs.1500/- as costs of these proceedings.

The Order shall be complied with within a period of one month from the date of receipt of a copy of this order.  The order not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment.

Pronounced in the Open Forum on this the 30^th day of June, 2016

Hon’ble Mr. K.N. Radhakrishnan, Member     Sd/-

Hon’ble Mr.Bose Augustine, President              Sd/-

Hon’ble Mrs. Renu.P.Gopalan, Member           Sd/-

Appendix

Documents for the petitioner

Ext.A1-Series of Photograps(3 Nos)

Ext.A2-Copy of plan

Ext.A3-Copy of receipt by Sajeev

By Order,

Senior Superintendent.