By Sri. P. Raveendran, Member:-
 

Brief of the complaint:- The Opposite Party had undertaken some civil engineering works at Complainant's premises as per written contract dated 07.02.2007 and accepted Rs.15,000/- as advance. The total cost was Rs.37,000/- inclusive of all the materials and labour charges. Thereafter he accepted Rs.42,000/- including the advance but he has not completed the work as per the contract. So the Complainant had filed a complaint before Mananthavady Police on 15.6.2007. Under the police intervention he started the work on 13.8.2007 and repaid Rs.5,000/- to the Complainant. On 11.12.2007 the Opposite Party abandoned the work and absconded. After sometime the compound wall constructed by Opposite Party was collapsed. It was due to the faulty construction. Again the Complainant filed a complaint before Mananthavady Police on 11.5.2009 when the police interfered the Opposite Party admitted to complete the work. Thereafter the Complainant send a registered letter to Opposite Party on 14.7.2009. Even though same is accepted by the Opposite Party, he has not acted upon it. After accepting the entire amount the Opposite Party has not completed the work. That amounts to deficiency of service. Hence it is humbly prayed that to direct the Opposite Party to complete the entire job as per the contract within a period of 2 months or to pay Rs.38,100/- that the Opposite Party has already received from the Complainant along with 18% interest, to clear the debris or pay Rs.2,000/- in lieu of that. To pay Rs.3,000/- towards the cost of the petition and to pay Rs.3,000/- towards the mental agony of the complainant.

2. Notice sent to the Opposite Party. Even though intimation is served on the Opposite Party he has not claimed the same. Hence the notice is returned as unclaimed. Hence the Opposite Party is declared as exparte and proceeded with the case.

3. The following points are to be considered :-

1. Whether there is any deficiency of service on the part of Opposite Party?

2. Relief and cost.

4. Point No.1:- To prove complainant's case he has filed his proof affidavit. He has produced Ext.A1 to A7(b) documents. An Expert Commissioner was appointed. He inspected the building and filed his report. That is marked as Ext.C1. In the proof affidavit the Complainant stated in support of the Complainant. Ext.A1 is the copy of notice sent by the Complainant to the Opposite Party requesting him to complete the work within a month. Ext.A2 is the acknowledgment card which shows that the Opposite Party acknowledge the same. Ext. A3 is the undertaken by the Opposite Party to complete the work of Complainant for Rs.37,000/-. Ext.A4 is the receipt of the receival of Rs. 38,100/- from the Complainant by the Opposite Party. Ext.A5 and A6 are the receipts issued by the Sub Inspector of Police, Mananthavady which shows that Complainants have filed complaint against Opposite Party before Mananthavady Police. Ext.A7 shows that the matter in dispute in Ext.A5 and A6 has been settled in Mananthavady Police Station. As per Ext.A7 the Opposite Party undertaken to complete the work within a month ie before 10.6.2009. Assistant Engineer P.W.D Building Section Mananthavady was appointed as Expert Commissioner in the above matter. He inspected the Complainant's building on 20.5.2010 at 11 AM after giving notice to both sides. In his report he stated that the Complainants were present and Opposite Party was absent at the time of his inspection. In his report he stated that compound wall of the building has been collapsed or seriously damaged except at the front south side. The plastering for leak proof has been done but the building observed serious leakages mainly at the switch board areas. Drainage was not properly functioning. Laying of tiles at car porch and yard not executed. We presume that other works mentioned in Ext.A3 is done without any defects. Evaluating the evidence it is found that even though the Opposite Party is undertaken to do the work properly as per Ext.A3. But he has not complete all the works mentioned in Exts.A3. It is a deficiency of service on the part of the Opposite Party. Hence point No.1 is decided in favour of Complainant.

5. Point No.2:- The Opposite Party has accepted the entire amount mentioned in Ext.A3 from the Complainant. But he has not done the work properly. The Compound wall constructed by him is collapsed. So the Complainant has to done the work again. He has also entitled to complete the work mentioned in Ext.A3. So Opposite Party has to complete the works mentioned in Ext.A3 within 2 months of receipt of notice. Ext.C1, Commissioner's Report prove that except 4 works other works were done by Opposite Party without defects. The Complainant can use the holobricks for reconstruction. Hence we find that Rs.15,000/- is sufficient to cure the defects. So Complainants have entitled to get Rs.15,000/- from Opposite Party if he is not doing the work within 2 months of receipt of the order. The Complainant is also entitled to get Rs.1,250/- as cost of this complaint.

In the result, the complaint is partly allowed and the Opposite Party is directed to complete the work as mentioned in Ext.A3 within 2 months of receipt of this order failing which the Opposite Party is directed to give back Rs.15,000/- (Rupees Fifteen thousand only) the Complainant. Opposite Party is also directed to give Rs.1,250/- (Rupees One thousand Two hundred and Fifty only) as cost of this litigation.

The order is to be complied within 60 days of receipt of this order.

Pronounced in open Forum on this the day of 31^st May 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of Notice. dt:14.07.2009.

A2. Acknowledgement Card

A3. Undertaken by the Opposite Party to complete

the work of Complainant for Rs.37,000/-. dt: 07.02.2007.

A4. Receipt.

A5. Receipt. dt:15.6.2007.

A6. Receipt. dt:11.5.2009.

A7(a) The matter in dispute in Ext.A5 and A6 has been settled in Mananthavady Police Station.

A7(b) Copy of the list issued from Mananthavady Police Station.

C1. Inspection Report.

Exhibits for the Opposite Party:

Nil.