1)    This appeal is filed by Shri Rambhau Sudamji Bhagat , against the order passed by learned District Consumer Disputes Redressal Commission Nagpur in Consumer Complaint No.CC/14/470, date of order 19/05/2017 in which the complaint was partly allowed and complainant has filed this appeal for enhancement of compensation. 

2)      Brief facts of the complaint against which this appeal is filed are as follows :-

3)      There was an agreement between the appellant who is the original complainant and respondent who is original O.P. Mr.Amol Thakre on 30/12/2007 for constructing the building on the plot No.243 owned by the appellant for which the appellant was supposed to pay Rs.9,37,000/- and the said building was to be constructed by December 2014. The appellant paid all the amount as per the agreement in cash to the respondent but the respondent did not complete the construction as agreed in the agreement. Aggrieved by this incomplete and low quality construction, the appellant/original complainant Shri Rambhau Bhagat filed consumer complaint before the District Consumer Disputes Redressal Forum, Nagpur in the year 2014.  The learned District Consumer Disputes Redressal Forum now Commission Nagpur after going through all the documents and after hearing the arguments of both parties decided infavour of the complainant allowing the complaint partly, the learned District Consumer Disputes Redressal Forum ordered to pay Rs.20,000/- as compensation for mental agony and physical harassment and cost of the complaint Rs.5,000/-. The present appellant was aggrieved by the order as the compensation was not granted as per the prayer in the original complaint. In the appeal the main grievance of the appellant is that the learned District Consumer Disputes Redressal Forum Nagpur overlooked the civil engineer’s report and so did not grant compensation for the incomplete work  of construction.

4)      Inspite of serving notice to the respondent, respondent failed to appear and hence this Commission passed ex-parte order on 23/08/2019. In order to confirm whether the civil engineer’s report was filed before the learned District Consumer Disputes Redressal Forum Nagpur, the record of original complaint was called for during final hearing of this appeal.

5)      Since none represented the respondent from the day of filing of this appeal, the appellant was permitted argue during the final hearing. We heard submissions by learned advocate for the appellant and gone through the record of the appeal as well as the record of original complaint. According to learned advocate for the appellant there was an agreement between both the parties dated 30/12/2007. According to this agreement the appellant paid all the amount Rs.9,37,000/- to the respondent for constructing the building on the plot No.243 at Narendra Nagar, Nagpur. Learned advocate invited attention of the Bench to the page No.29 of the appeal compilation which is the agreement for construction between Shri Amol Thakre, Nagpur and Shri Rambhau Bhagat, Nagpur which has in detailed mentioned the construction of ground and first floor. The payment condition mentioned in the agreement included the payment as per work completion. This also shows the payment made by the appellant to respondent time to time and signatures of the receiving the same by the respondent. Hence the total amount was paid to the respondent according to this document (reference page No.30 of the appeal compilation). Learned advocate further invited the attention to the copies of the photographs alongwith the map of construction. Further referring to page No.36 which is civil engineer’s report, titled as Valuation Report given by Mr.Suresh S.Sahare who is the certified as Civil Engineer. According to this valuation report the respondent completed construction work approximately of Rs.2,00,000/- only and the remaining construction work was in-complete. This valuation report is also accompanied by affidavit of Civil Engineer Mr.Sahare dated 10/02/2016. After going through the original complaint record the said valuation report alongwith affidavit by the certified civil engineer is on record of District Consumer Forum, the learned advocate for the appellant pointed out that the order passed by the learned District Consumer Disputes Redressal Forum Nagpur mentioned that there is no report by any civil engineer and hence the District Consumer Disputes Redressal Forum Nagpur overlooked this report filed with affidavit. By doing so the compensation was allowed not considering the incomplete work by the respondent, hence learned advocate for appellant prayed to consider this valuation report alonghwith affidavit and further grant the compensation of the difference of the amount paid and the valuation of construction.

6)      We have gone through the order passed by the learned District Consumer Disputes Redressal Forum Nagpur and noted the observations in para No.3 of reasoning that no valuation report of civil engineer was filed by the complainant. In view of this civil engineer’s report which is already on record and the total amount which was accepted by the respondent, the Commission comes to the conclusion that the difference between amount paid and valuation of the construction need to be taken into account and thus the respondent should pay the difference back to the appellant. Hence we pass the following order.

//ORDER//

i.        The appeal is partly allowed with cost quantified to Rs.25,000/- to be paid by the respondent to appellant.   

ii.       The respondent is hereby directed to pay Rs.7,37,000/- (which is difference between amount paid by the appellant and the valuation of the of the construction) alongwith interest @ 9% p.a. from the date of filing of this complaint i.e. 19/09/2014 before the learned District Consumer Disputes Redressal Commission Nagpur within two months from the date of receipt of copy of this order, failing which the rate of interest will be @ 12% p.a. till its realisation.

iii.    Rest of the order remains the same.

iv.    Copy of order be furnished to both the parties free of cost.