Kerala

Idukki

CC/7/2019

Shanthi - Complainant(s)

Versus

Tony - Opp.Party(s)

26 Dec 2019

ORDER

DATE OF FILING : 11/01/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of December 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 07/2019

Between

Complainant : Santhi kalappurackal, D/o Karunakaran,

Kalappurackal House,

Karunapuram Kara, Karunapuram Village,

Udumbanchola Taluk.

(By Adv:Shine Varghese& Adv.Babychen V.George)

And

Opposite Party : Tony John, S/o John,

Nirappil House,

Perumpayikkattussery Kara,

Perumpayikkattu Village, Kottayam Taluk.

 

O R D E R

SMT. ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

The complainant is having a possession of 05 Ares 46 Sq:links property in survey 204/5 in Chakkupallam Village and he had paid tax in TP No.1840. The complainant approached the opposite party for constructing a building for the purpose given as “Homestay” and he has given the property documents to the opposite party for getting building permit from Panchayath.

 

On 05/06/2017, there was an agreement between the complainant and the opposite party for the building construction. As per the agreement, it is a double floor house plan of 1170 Sq:Links area and it is agreed from opposite party that consideration of Rs.30,50,000/-. It is a total cost includes Kitten Cupboards, Dressing Tables, Cupboards, Coats, Side Table etc., in bed rooms, 4 chairs and dining table, sofa set, two long chair, table etc and other works with full furnishing. As per the agreement such works will be complete within six months.

(Cont.....2)

-2-

But opposite party did not complete the works within the time and also used very low quality materials for the work.

 

The opposite party received Rs.30,50,000/- from the complainant as various installments for the building construction. When the work was not completed by the opposite party, the agreement extended till 30/09/2018. But within the period the opposite party has not completed the works. That is why the complainant got the key from the opposite party.

 

The complainant wanted additionally for the construction of outhouse for Rs.3,50,000/-. The complainant also paid Rs.2,00,000/- to the opposite party for constructing the outhouse. But the opposite party made outhouse as a temporary shed for Rs.1,50,000/-. The opposite party had violated the agreement conditions and he purposefully deviated from the plan of building. Then the opposite party agreed that he will calculate the construction expenses and he is ready to settle the balance amount to the complainant. But opposite party did not give any balance amount to the complainant. It is deficiency in service on the part of the opposite party. Hence the complaint against the opposite party's are filed and seeking reliefs are that return the excess amount of Rs.5 Lakhs collected from complainant with 12% interest and pay Rs.5 Lakhs as compensation and also costs of the case. Hence opposite party is liable to refund the excess amount collected from the complainant.

 

Notice served from the Forum. But opposite party did not appear before the Forum. So opposite party called absent and set exparte.

 

The complainant produced 11 documents and adduced evidence by way of proof affidavit. The documents marked as Ext.P1 to Ext.P11 respectively.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service on the part of opposite party, and if so, for what relief the complainant is entitled to ?

 

(Cont.....3)

-3-

The Point:- We have heard the counsel for the complainant and have perused the evidence on record. It is considered that the complainant availed a service which is the construction of building from opposite party. It is admitted by Ext.P4 agreement. Notice served from the Forum to the opposite party. But opposite party did not appear before the Forum. So, opposite party called absent and set exparte.

 

Hence the petition allowed. The opposite party is directed to refund the amount of Rs.5,00,000/- with 12% interest to the complainant. It is also directed to pay Rs.10,000/- as compensation and Rs.5,000/- as cost to the complainant, failing which these amount shall carry 12% interest from the date of default till its realization.

 

Pronounced in the Open Forum on this the 26^th day of December, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Cont.....4)

-4-

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 -Santhi Kalappurackal.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 -Copy of Tax receipt dated 27/04/2017

Ext.P2 -Copy of building permit dated 06/07/2017

Ext.P3 -Copy of approved building plan.

Ext.P4 -Copy of agreement dated 05/06/2017.

Ext.P5 -Copy of agreement dated 12/09/2018.

Ext.P6 -Copy of merchant license dated 31/01/2018

Ext.P7 -Copy of complaint to Kattappana Mucif Court, OS No.280/2018.

Ext.P8 -Legal notice dated 26/10/2018

Ext.P9 - Postal receipt.

Ext.P10 - AD Card.

Ext.P11 - Reply notice dated 14/11/2018.

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT