BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY
C.C.No. 34/2012
Dated this the 10th day of April 2017
(Date of Institution: 20.09.2012)
R. Madhan, son of Ramamoorthy,
Plot No. 10 and 11, 4th Cross,
Angala Parameswari Nagar
Moratandi, Vanur, Villupuram
Tamil Nadu, rep. by his Power of Attorney
Ramamoorthy
…. Complainant
Vs.
M. Egambaram, son of Manikam,
Building Contractor
No.15, Shriram Nagar (Indian Bank ATM Upstairs)
ECR Road, Lawspet, Puducherry – 605 008.
… Opposite Party
BEFORE:
THIRU.A.ASOKAN, B.A., B.L.,
PRESIDENT
Thiru V.V. STEEPHEN, B.A., LL.B.,
MEMBER
FOR THE COMPLAINANT : M/s V.R. Anand Babu, S. Sridhar and
I. Jahir Hussain, Advocates
FOR THE OPPOSITE PARTY : Tvl. Ilangokrishnamoorthy and
E. Sivakumar, Advocates
O R D E R
This is a complaint filed u/s 12 of Consumer Protection Act, 1986 directing the opposite party to refund a sum of Rs.3,19,343/- to the complainant being the excess amount paid by the complainant to the opposite party; to pay a sum of Rs.5,32,000/- to the complainant being the estimated cost for the repairs and alteration of the building constructed by the opposite party; to pay a sum of Rs.2,00,000/- as compensation to the complainant for the mental agony and sufferings caused due to the negligence and deficiency in service of the opposite party; to pay a sum of Rs.25,000/- towards the cost of the proceedings to the complainant.
2. Notice to the opposite party duly served. The opposite party appeared through Counsel and filed reply version. The Power Agent of complainant was examined as CW1 and Exs.C1 to C14 were marked. One S. Suresh, Assistant Engineer, PWD was examined as CW2 and Ex.X1 was marked. The opposite party was examined as RW1. However, no document was marked. Hence, the matter was posted for arguments.
3. Today this complaint was called. Complainant absent. Counsel present. Opposite party and his Counsel were present. Both the parties filed Joint Compromise Memo. In view of the compromise memo, this complaint is dismissed as not pressed. The contents of the joint compromise memo shall form part and parcel of this order. No costs.
Dated this the 10th day of April 2017.
- ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
LIST OF COMPLAINANT'S WITNESSES:
CW1 06.05.2015 Ramamoorthy
CW2 05.11.2015 S. Suresh, Assistant Engineer, PWD
LIST OF OPPOSITE PARTYS' WITNESS:
RW1 15.11.2016 M. Egambaram
LIST OF COMPLAINANT'S EXHIBITS:
Ex.C1 | 03.03.2011 | Photocopy of Agreement between complainant and the opposite party |
Ex.C2 | 27.04.2012 | Photocopy of Completion Certificate issued by opposite party |
Ex.C3 | 28.02.2012 | Photocopy of Statement of Accounts |
Ex.C4 | 30.05.2012 | Photocopy of lawyer's notice to opposite party |
Ex.C5 | | Return cover of lawyer's notice |
Ex.C6 | 16.07.2012 | Engineers report on the estimation of alteration works |
Ex.C7 | 08.01.2012 | Photocopy of Cash Bill issued by Antony's Tiles |
Ex.C8 | 24.10.2011 | Photocopy of Cash Bill issued by Ganesan Hardware and Electrical |
Ex.C9 | 22.09.2011 | Photocopy of Cash Bill issued by Sri Ganesh Kumaran Electricals |
Ex.C10 | 02.12.2011 | Photocopy of Cash Bill issued by Durga Enterprises |
Ex.C11 | 28.11.2011 | Photocopy of Cash Bill issued by Devaki Traders |
Ex.C12 | 05.11.2011 | Photocopy of Bill issued by Home Tree |
Ex.C13 | | Photograph and Model picture of front elevation |
Ex.C14 | 24.04.2015 | Photocopy of plaint in O.S. 78/2015 before the Additional Sub Judge, Puducherry. |
Ex.X1 27.05.2014 Inspection report marked through CW2
LIST OF OPPOSITE PARTIES EXHIBITS: NIL
LIST OF MATERIAL OBJECTS : NIL
- ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
EXTRACT OF COMPROMISE MEMO FILED BY BOTH PARTIES
It is humbly submitted that the Complainant herein has filed the above Case as against the Opposite Party herein for damages and deficiency of service in the construction of the house of the complainant.
It is further submitted that the Opposite party herein has filed a Suit vide O.S No. 78/2015 as against the Complainant before the Hon'ble Additional Sub Judge, Puducherry for the Recovery of balance money in the construction of the house of the complainant.
It is further submitted that upon negotiations held between both the parties, they have resolved to settle their disputes amicably and as the result the joint compromise was arrived between the Complainant and the Opposite party and the same is reduced into writing as under:
1. The Complainant is hereby withdraws the above Case filed as against the Opposite party before this Hon'ble Forum in total without making any claim in future and in full satisfaction.
2. The Opposite party agrees to withdraw the O.S No. 78/2015 as against the Complainant before the Hon'ble Additional Sub Judge, Puducherry in total without making any claim in future.
Hence it is prayed that this Hon'ble court may graciously be pleased to record the joint compromise memo filed by the Complainant and the Opposite party and pass necessary orders in the interest of Justice.
Sd/- Sd/-
Complainant Opposite Party
Sd/- Sd/-
Counsel for Complainant Counsel for Opposite Party.
/ TRUE COPY /
- ASOKAN)
PRESIDENT
(V.V. STEEPHEN)
MEMBER
