Dtd.14.03.2024                                     A/917/2023

O R D E R

     BY HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.41 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.29.04.2023 passed in CC/161/2022 on the file of Mysuru District Commission. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the Respondent and his counsel and the Appellant who personally present.

3. It is not in dispute that OP had received Rs.2 lakhs towards civil works in the new house of the Complainant. It is found from the enquiry that the civil works came to be stopped in the middle due to lack of coordination between the parties while carrying out the work, thereby Complainant requested for refund of the remaining amount of Rs.1,16,751/- deducting Rs.83,249/- (cost already incurred for the work) out of Rs.2 lakhs. When such request not headed, consumer complaint came to be filed seeking direction against OP to refund Rs.1,16,751/- along with losses incurred by her. The OP contested the matter contending that they incurred cost Rs.1,94,732/- towards civil work, hence prays for dismissal of the complaint. The Commission below held an enquiry and perused the bills submitted by both parties, thereby awarded Rs.30,000/- along with cost and compensation of Rs.9,000/-. Being aggrieved by the said order, Complainant came up with this appeal for enhancement. 
4. The Commission interacted with both parties and their counsel, and as the OP has already deposited Rs.39,000/- before the District Commission and ready to refund the remaining amount as prayed in the complaint, we proceed to dispose of this appeal in the following terms:

Complainant is permitted to withdraw the amount of Rs.39,000/- deposited by the OP before the District Commission.

OP is directed to refund Rs.77,751/- (Rs.1,16,751/- – Rs.39,000/-) along with cost and compensation of Rs.5,000/- within 30 days from the date of receipt of this order, failing which, amount shall carry interest at 6% p.a. from the date of complaint till realisation.

5. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member              President      

*NS*