First Appeal Nos. 162 and 12/2013. Case: Kasimuddin Vs Shiv Prakash. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | First Appeal Nos. 162 and 12/2013 |
| Counsel | For Appellant: Pradeep Bartwal, Learned Counsel and For Respondents: Vivek Painuli, Learned Counsel |
| Judges | B.C. Kandpal, J. (President), D.K. Tyagi, H.J.S. and Veena Sharma, Members |
| Issue | Consumer Protection Act, 1986 - Section 15 |
| Judgement Date | January 06, 2015 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
B.C. Kandpal, J. (President)
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These two appeals, one by the opposite party and another by the complainant, filed under Section 15 of the Consumer Protection Act, 1986, arise out of the order dated 15.10.2012 passed by the District Forum, Dehradun in consumer complaint No. 211 of 2010, whereby the District Forum has partly allowed the consumer complaint and directed the opposite party to pay compensation of Rs. 1,41,802/- to the complainant within a period of one month from the date of the order together with Rs. 25,000/-towards mental agony and Rs. 10,000/- towards litigation expenses. It was also directed that in case the amount is not paid within the prescribed period of one month, the complainant shall also be entitled to interest @9% p. a. on the above amount from the date of filing of the consumer complaint till payment. Since both the appeals arise out of the same order passed by the District Forum, therefore, these are being disposed of by this common order. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant had purchased a residential plot of land in Banjarawala, Dehradun. In the year 2007, the complainant wanted to construct a residential house on the said plot of land. It was alleged that the opposite party approached the complainant and told that he is a very good contractor. Thereafter, an agreement dated 25.06.2007 was executed between the parties and the rate of construction was fixed at Rs. 580/- per sq. ft. including material. In the agreement, it was mentioned that the construction of the house will be completed within a period of one year from 25.06.2007. It was also alleged that till 04.10.2008, the complainant had paid sum of Rs. 15,70,000/- to the opposite party. It was further alleged that on 04.10.2008, after receiving the amount of Rs. 2,10,000/-from the complainant, the opposite party stopped the construction work of the house and the house is still not complete. The opposite party has not done the work as mentioned in para 5 of the consumer complaint. This apart, the opposite party has used the low quality material and there are certain defects in the construction work carried out by the opposite party. The complainant requested the opposite party time and again to rectify the defects and also to complete the construction work left by him, but to no avail. Thereafter alleging deficiency in service on the part of the opposite party, the complainant...
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