IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM

Date of filing : 23/01/2019

Date of order : 28/12/2022

PRESENT:

Shri.D.B.Binu President

Shri. V.Ramachandran Member

Smt. Sreevidhia T.N Member

C.C.No.28/2021

COMPLAINANT

Prinson Pallan@ Prince Pallan, S/o.James Pallan, Pallath House, M.A.Bank Road, Cheranalloor Post, Ernakulam

Vs.

OPPOSITE PARTY

Shajeesh T.G., Vasthu Shilpam, Designers & Builders, S/o.Govindan Achari, Thachil Veettil, Olanad Kara, Varapuzha Post, Alangad Village, North Paravur, Ernakulam-683 517

F I N A L O R D E R

Sreevidhia T.N., Member

1) A brief history of the complaint is as stated below:

The complainant had entered into an agreement with the opposite party on 31.01.2018 to construct a residential house in Survey No.357/10 A/4/2 having an extent of 2.02 ares of land in Kottuvalli Village, Paravuoor Taluk, Ernakulam District. The plan of the residential house was approved by the Kottuvalli Grama Panchayat. As per the agreement agreed upon by both the parties the construction of the residential house should be completed within 4 months from the date of agreement by the opposite party. The complainant had paid a total sum of Rs.13,32,000/- to the opposite party on various dates but the opposite party did not complete the work in time as per the agreement executed between them and the construction work was not carried out satisfactory. The opposite party had requested the complainant for some more time to complete the construction work. After negotiation the contract period was extended by 60 days and a new agreement was extended for this. As per the new agreement, the opposite party should finish the work within 60 days from the date of agreement. But the opposite party has not turned up to comply the request. The complainant alleges that there was deficiency in service occurred from the opposite party towards the complainant by not completing the residential building within time. Hence the complainant had approached the Commission and seeking direction to get his grievances redressed.

2) Notice

Notice was sent to the opposite party from this Commission on 06.02.2021 and the opposite party appeared before the Commission on 17.03.2021 but the opposite party did not file their version. Hence the opposite party is set ex-parte.

3) Evidence

The evidence in this case consists of the documentary evidence filed by the complainant which are marked as Exbt.A1 to A6.

On 30.06.2022 the complainant has filed an I.A.226/2020 to appoint an Expert Commission to examine the defective works carried out by the opposite party at the residential building. I.A 226/2020 allowed and the Expert Commissioner Sri.Antory K.A filed the report on 20.08.2022 and the Expert Commission report is marked as Exbt.A7.

Heard the complainant.

4) The issues came up for consideration in this case are as follows:

(1) Whether any deficiency of service or unfair trade practice is proved from the side of the opposite party towards the complainant?

(2) If so, reliefs and costs?

5) Issue No. (1)

On examination of the relevant evidence produced by the complainant the following facts are seen.

(1) Exbt. A1 is the work agreement dated 31.01.2018. As per the agreement the building will be completed at the rate of Rs.1440 per square feet and both parties were agreed upon the specification of the agreement. According to this agreement the residential building of the complainant should be completed within 5 months from the date of agreement by the opposite party and handed over to the complainant. The complainant shall bear the cost of additional works other than those mentioned in the agreement.

2) Exbt.A2 is the additional agreement dated 29.08.2018 As per Exbt.A2 the residential building should be handed over to the complainant within 60 days from 29.08.2018 along with the completion certificate.

3) Exbt.A5 (series) is the statement of account of the complainant which is maintained at SBI, South Chittoor, Chittoor Road, Ernakulam. As per Exbt.A5 an amount of Rs.13,22,000/- was paid to Sajeesh T.G during the month of January 2018, March 2018 and on April 2018. On 03.07.2019 also Rs.10,000/- was paid to Sajeesh T.G through Google transaction id CICAgKDq-WdBw. Thus the opposite party received a total of Rs,13,32,000/- from the complainant.

4) As per the Commission report, opposite party left most of the works as incomplete and the total amount of works to be completed is calculated as Rs.5,67,800/-.

From the available documents and evidence it can be seen that the complainant had paid an amount of Rs.13,32,000/- to the opposite party for the construction of the residential building of the complainant. But after receiving this amount the opposite party left most of the works incomplete. It is serious deficiency of service from the part of the opposite party.

The Commission has given ample opportunity to the opposite party to file their version. The opposite party has not filed their version and hence no evidence adduced by them.

The opposite parties’ conscious failure to file their written versions in spite of their having received the Commission’s notice to that effect amounts to an admission of the allegations leveled against them. The Hon’ble NC held a similar stance in its order cited 2017(4) CPR page 590 (NC).

There are no evidence to prove that the opposite party had done the construction work as per the terms of the agreement. In the absence of valid evidence from the side of the opposite party, the case of the complainant is proved in favour of the complainant. So we are of the opinion that the case of the complainant is to be allowed. Since deficiency of service is proved from the side of the opposite party towards the complainant, the complainant had to suffer huge mental agony, pain and other hardships due to this deficient act of the opposite party.

In the result, the following orders are passed.

1) We direct the opposite party to pay a compensation of Rs.2,00,000/- to the complainant due to the non completion of the residential building of the complainant.

2) We direct the opposite party to pay Rs.3000/- as cost of the proceedings to the complainant.

The above orders shall be complied with, within 30 days from the date of acceptance of a copy of this order failing which the amount ordered vide order No. (1) shall carry interest @6% per annum from the date of orders till realization.

Pronounced in the Open Commission this 28^th day of December 2022.

Sd/-

Sreevidhia T.N., Member

Sd/-

D.B.Binu, President

Sd/-

V.Ramachandran, Member

Forwarded by Order

Assistant Registrar

APPENDIX

Complainants Exhibits

Opposite party’s Exhibits : Nil

C.C.28/2021

order dated 28.12.2022