Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
24th day of February 2023
CC 100/21 filed on 16/03/21
Complainant : Geetha Gopi, W/o Gopi, Pattiparambil House,
P.O.Peringavu, Thrissur.
(By Advs. A. K. Sumithra & Bindu Aravind, Thrissur)
Opposite Party : Jeeson, S/o Ouseph, Kannayi House,
Edakkulam Desom, Edakkulam Village,
Thrissur- 680 688.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
Complainant entered in to a contract dtd. 21/10/19 with the opposite party, to build a house, believing the advertisement made by the opposite party. It was agreed to construct 1450 sq.ft. two storied house for Rs.13.50 Lakhs (Rupees Thirteen lakh fifty thousand only). The period of construction was agreed as five months and part payment on completion of different phases was also agreed. An amount of Rs.25,000/- (Rupees Twenty five thousand only) paid to opposite party on the day of agreement and Rs.2,00,000/- (Rupees Two lakh only) on 23/10/19 and Rs.90,000/- (Rupees Ninety thousand only) on 30/10/12. The opposite party also bought the materials of old house for Rs. 48,000/- (Rupees Forty eight thousand only) which was also paid by him. On 19/12/19 he received further payment for building materials. Thereafter he constructed the foundation on 14/01/20, that too after repeated demands. He constructed the wall and lintel work except on front side. Thereafter he received Rs.1,00,000/- (Rupees One lakh only) on 24/01/20 making entry on the back of the agreement. Thus he received Rs. 7,15,000/- (Rupees Seven lakh fifteen thousand only) along with additional Rs.48,000/- (Rupees Forty eight thousand only). He failed to do the work. Thereafter the work was completed through other workers. All attempts to get back the money were failed and the opposite party deceived the complainant. The act of the opposite party amounts to deficiency in service, hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Points for consideration are ?
a) Whether there is any deficiency in service on the part of opposite
parties or not ?
b) Reliefs and costs ?
4) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Exts. A1 to A5. Ext. A1 is the advertisement notice of the opposite party; Ext. A2 is the agreement between complainant and opposite party; Ext. A3 is the copy of Loan pass book; Ext. A4 is the copy of kuri passbook and Ext. A5 series is the photographs of the house (4 Nos.)
5) Points :
The case of the complainant is that the opposite party received an amount of Rs.7,15,000/- and additional Rs.48,000/- towards the construction of new house. Ext. A2 shows total payment of Rs.7,15,000/-. The complainant admit that the construction done partly by the opposite party and balance work has been done by another person. Admittedly Rs.13,50,000/- is the total cost of the work. No steps seen taken to prove the total work done by the opposite party and to value the cost of such work done. Further nothing produced to prove extent, volume and cost further work done by the complainant. Ext. A5 series shows only the completed work of the house and it makes ascertainment of the work done by the opposite party uncertain. We further find that Ext. A2 proves the payment of Rs.7,15,000/-. But nothing is there to prove the work done for the same or at least the remaining work done. Under such circumstances the complainant has to adduce cogent evidence to prove the incomplete work and its cost. The failure to do so, defeat the case of the complaint. It is true that opposite party remained ex-parte but it does not preclude the complainant from adducing proper evidence and pleadings before this Commission. Hence we are not inclined to allow this complaint.
In the result complaint dismissed without cost.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24th day of February 2023.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 advertisement notice of the opposite party.
Ext. A2 agreement between complainant and opposite party.
Ext. A3 copy of Loan pass book.
Ext. A4 copy of kuri passbook.
Ext. A5 series is the photographs of the house (4 Nos.).
Id/-
Member
