w w w . L a w y e r S e r v i c e s . i n



P. Semith, Civil Engineering Consultant v/s M.K. Muhamed Asharaf


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Company & Directors' Information:- N S ENGINEERING COMPANY PVT LTD [Active] CIN = U29219TG1989PTC010511

Company & Directors' Information:- S S S ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27205KA1981PTC004194

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Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

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Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

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Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

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Company & Directors' Information:- R AND S ENGINEERING INDIA PVT LTD [Active] CIN = U29199GJ1995PTC027661

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Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- L. B. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2018PTC225084

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Company & Directors' Information:- K M T S ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL2005PTC141240

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Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- V K B ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141483

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- M C ENGINEERING CO PVT LTD [Active] CIN = U74899DL1972PTC006392

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- J B L ENGINEERING PRIVATE LIMITED [Active] CIN = U28112MP2008PTC021459

Company & Directors' Information:- H V S ENGINEERING PRIVATE LIMITED [Active] CIN = U28920MH2005PTC158342

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- U M ENGINEERING PRIVATE LIMITED [Active] CIN = U29200MH1977PTC019574

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- N K K CONSULTANT PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL2000PTC107774

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

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Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- J K B ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300TN1996PTC036482

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- H T S ENGINEERING PRIVATE LIMITED [Active] CIN = U74999MH2008PTC187914

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- K. P. CONSULTANT PRIVATE LIMITED [Active] CIN = U74140WB2009PTC139043

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- D & L ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U29113TN2004PTC052690

Company & Directors' Information:- H R P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31503MH1997PTC108621

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- V K S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28133TN2005PTC057283

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- C S S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45302TN2003PTC051161

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- G T ENGINEERING CONSULTANT PRIVATE LIMITED [Active] CIN = U74120WB2010PTC150168

Company & Directors' Information:- S R K ENGINEERING CO PVT LTD [Active] CIN = U67120WB1994PTC063442

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- C S ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U28110MH2021PTC361962

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- J P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28129MH1972PTC015813

Company & Directors' Information:- V M ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014224

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- P T S ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U74210TZ2011PTC016944

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- P N S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TN2006PTC060120

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- M A N INDIA ENGINEERING LTD [Strike Off] CIN = U74200WB1979PLC020893

Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- R K ENGINEERING COMPANY PVT LTD [Active] CIN = U74899DL1975PTC007743

Company & Directors' Information:- G S A ENGINEERING CORPN PVT LTD [Strike Off] CIN = U74210WB1957PTC023382

Company & Directors' Information:- A R M ENGINEERING PRIVATE LIMITED. [Strike Off] CIN = U00500JH1988PTC003057

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- S G A ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29200MH2005PTC154349

Company & Directors' Information:- C P C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TZ1986PTC001880

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- M N B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U70101TN2005PTC057442

Company & Directors' Information:- R P CONSULTANT PRIVATE LIMITED [Active] CIN = U74920UP2008PTC087838

Company & Directors' Information:- D K C CONSULTANT PRIVATE LIMITED [Active] CIN = U74140WB2008PTC131281

Company & Directors' Information:- R R K ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161080

Company & Directors' Information:- R P CONSULTANT PRIVATE LIMITED [Active] CIN = U74920DL2008PTC172446

Company & Directors' Information:- M S V ENGINEERING PRIVATE LIMITED [Active] CIN = U52399TG2020PTC147098

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- C R T ENGINEERING LIMITED [Strike Off] CIN = U32109DL1990PLC038842

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- G B L ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29130RJ1998PTC015182

Company & Directors' Information:- N T ENGINEERING COMPANY PVT LTD [Strike Off] CIN = U99999PY1986PTC000445

Company & Directors' Information:- R K ENGINEERING PRIVATE LIMITED [Active] CIN = U31100MH2005PTC152838

Company & Directors' Information:- V J S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29130TN1996PTC036636

Company & Directors' Information:- R. K. V. ENGINEERING PRIVATE LIMITED [Active] CIN = U29253MH2010PTC205237

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- I D M ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199KA1981PTC004517

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

Company & Directors' Information:- P N ENGINEERING CO PVT LTD [Strike Off] CIN = U74210WB1980PTC032750

Company & Directors' Information:- COMPANY CONSULTANT PVT LTD [Active] CIN = U74140AS1976PTC001659

Company & Directors' Information:- A M A R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219DL1997PTC084187

Company & Directors' Information:- S G D ENGINEERING PRIVATE LIMITED [Active] CIN = U29210KA2009PTC050452

Company & Directors' Information:- G A S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29191MH2004PTC149606

Company & Directors' Information:- G T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219PN2012PTC145781

Company & Directors' Information:- M. M. K. ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U29305MH2014PTC252830

Company & Directors' Information:- K-4 ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31400MH2010PTC204004

Company & Directors' Information:- N J ENGINEERING PRIVATE LIMITED [Active] CIN = U45209MH2015PTC262607

Company & Directors' Information:- P R S ENGINEERING PRIVATE LIMITED [Active] CIN = U29253TN2009PTC073915

Company & Directors' Information:- U P S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U40300TN2013PTC090167

Company & Directors' Information:- N K G CONSULTANT PRIVATE LIMITED [Active] CIN = U74220UP1994PTC016953

Company & Directors' Information:- K G D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400WB2014PTC200732

Company & Directors' Information:- T A ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28992CH2003PTC025800

Company & Directors' Information:- M N A ENGINEERING PVT LTD [Strike Off] CIN = U45202CH2006PTC030215

Company & Directors' Information:- A A P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U27106DL2005PTC138318

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- S. Z. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2014PTC274095

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- J N ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC278906

Company & Directors' Information:- N I ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC280734

Company & Directors' Information:- A N D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51502DL2012PTC242516

Company & Directors' Information:- R R V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC089342

Company & Directors' Information:- Z. M. ENGINEERING PRIVATE LIMITED [Active] CIN = U51909DL2007PTC168270

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- R AND T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC136846

Company & Directors' Information:- THE ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999KA1951PTC000699

Company & Directors' Information:- S J P ENGINEERING CO. PRIVATE LIMITED [Strike Off] CIN = U51505KA2002PTC030808

Company & Directors' Information:- D Y R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45205KA2014PTC075105

Company & Directors' Information:- T J ENGINEERING PRIVATE LIMITED [Active] CIN = U28999MH2021PTC353062

Company & Directors' Information:- S I ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27109UP1967PTC003182

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC102948

Company & Directors' Information:- M B D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC181446

Company & Directors' Information:- A. B. C. ENGINEERING CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1950PLC008192

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

Company & Directors' Information:- F M P ENGINEERING PVT LTD [Strike Off] CIN = U29259GJ1965PTC001337

    First Appeal No. 574 of 2018

    Decided On, 02 September 2021

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER & THE HONOURABLE MRS. A. BEENAKUMARI
    By, MEMBER

    For the Appellant: Mary Mathew, Sheebanath, Advocates. For the Respondent: ---------



Judgment Text

T.S.P. Moosath, Judicial MemberThe opposite party in CC.No.05/2013 of the Consumer Disputes Redressal Forum, Kannur, in short, the District forum has filed the appeal against the order passed by the District forum by which he was directed to pay Rs. 50,000/- as compensation and Rs. 5,000/- as costs to the complainant.2. The averments contained in the complaint are in brief as follows. The complainant who was working abroad entrusted the construction work of his house to the opposite party. An agreement dated 08.03.2010 also was executed for the said purpose. As per the terms of the agreement the opposite party has to complete the work within six months. The complainant had paid more than Rs 7,32,500/- to the opposite party no.1 but he failed to complete the work. Thereafter the opposite party had agreed and assured that the entire work including floor tiling, roof tiling and plastering work will be completed before 15.04.2012. But he had not completed the work. Moreover, the work done by the opposite party was through unskilled workers with inferior quality. The complainant had spent more than Rs 4,00,000/- for rectification of plastering and tiling works. As per the agreement the total area to be constructed was 2093 sq.ft., but the opposite party constructed only 1949 sq. ft. Thereby he had received an excess amount of Rs. 50,000/- from the complainant. The rectification work was done only (after the exparte order passed on 13.06.2013) during August-September 2013. There is deficiency of service on the part of the opposite party. The complainant has suffered much hardships, mental agony, loss of money and time. Hence the complaint.This case was once disposed in favour of the complainant. Thereafter as per the order in Appeal No.518/2013 this Commission remanded the matter for fresh disposal.3. The opposite party filed version raising the following contentions. The opposite party had agreed to construct the structural work of house having an area of 2093 sq.ft @ 400 and one plan was prepared and as per the direction of the complainant another plan for an area of 1990 sq.ft. was prepared. Thus the opposite party agreed to construct the structural work of the house having an area of 1990 sq.ft for a total sum of Rs 7,00,000-. Due to laches on the part of the complainant the work commenced only after a lapse of 4 months. Another 41 days also lapsed due to death of relative of the complainant. So the opposite party could not complete the structural work within the stipulated period of six months. During that period the cost of materials and labour charges become hiked. For the plastering work done, an amount of Rs 60,000/- and for the tile work Rs 10,000/- along with another sum of Rs 22,000/- are still due from the complainant. This is an experimental complaint to evade such payment to the opposite party. There is no deficiency of service on the part of the complainant and complaint may be dismissed with cost.4. Subsequently an amendment petition filed by the complainant was allowed after considering the counter and hearing of the opposite party. Additional version denying the allegations was also filed by the opposite party.5. On the side of the complainant PW1 and PW2 were examined and Exts.A1 to A7 were marked. The opposite party was examined as DW1 and Exts.B1 & B2 were marked on his side. Considering the evidence adduced by the parties and hearing both sides the District forum has passed the impugned order. Aggrieved by the order passed by the District forum the opposite party has filed the appeal.6. Heard. Perused the records.7. Ext.A1 shows that the original agreement between the complainant and the opposite party was for the construction of the house having an area of 2093 sq.ft at the rate of Rs 350 per sq.ft. . According to the complainant he paid Rs 7,32,500/-. But the area of the house constructed is only 1949 sq.ft. So he is entitled to get back Rs 50,000-. It is the case of the complainant that subsequently he had entrusted the plastering works and tiles works with the opposite party. But he has not completed the works and the works done by him were not good, since works were done by unskilled workers. So, he has spent Rs 4,00,000/- for rectification of those works. So the complainant is demanding that amount from the opposite party along with Rs 3,00,000/- as compensation for the mental agony and sufferings to him. Alleging deficiency in service on the part of the opposite party the complainant has filed the complaint.8. The opposite party filed version raising contentions. According to him amounts are due to him from the complainant and to avoid the payment of the said amounts the complainant has filed the complaint with false allegations.9. Ext.A1 agreement between the parties was for doing structural works of the building. In Ext.A3 Expert Commissioner has reported that structural works were subsequently completed. DW1 deposed that the area of the building constructed by him is 1990 sq.ft instead of 2093 sq.ft and he is entitled to get amounts at the rate of Rs 350/- for the area of 1990 sq.ft. So he is entitled to get Rs 6,96,500/- (1990x350). Exts.A1 and A2 are the records containing the endorsement of the payments of the amounts by the complainant to the opposite party which shows that the amount paid by the complainant is Rs 5,85,000/- only. DW1 also stated that the payment of Rs 2,50,000/- was for the plastering and tiles works which were subsequently entrusted with him by the complainant. As per Ext.A3 commission report the area of the building constructed is 1949 sq.ft. Calculating at the rate of Rs 350/- per sq.ft., the opposite party is entitled to get Rs 6,82,150/-. The complainant paid only Rs. 5,85,000/- to opposite party. As found by the District forum the complainant has to pay an amount of Rs. 97,150/- to the opposite party. So, the claim of the complainant that he is entitled to get back Rs 50,000/- from the opposite party is baseless.10. It is the case of the complainant that subsequently he entrusted the plastering works and tile works with the opposite party and he has not completed the works and further the works done by the opposite party was with unskilled workers. So, he has to spend Rs 4,00,000/- for rectification of those works. Admittedly those works were done after the passing of the exparte order by the District forum on 13.06.2013. It is to be noted that in the original complaint there was no prayer to direct the opposite party to pay Rs 4,00,000/- to him and the complainant has subsequently amended the complaint to direct the opposite party to pay Rs. 4,00,000/- stating that he had spent that amount for the rectification works. Admittedly for those works, materials were supplied by the owner and the agreement is regarding the labour charge only. The amount paid to the opposite party by the complainant is Rs. 2,50,000/-. After deducting the aforesaid amount of Rs. 97,150/-, which the opposite party is entitled to get from the complainant for the structural work done, the balance amount with the opposite party for other works is Rs 1,52,850/- only. The expert commissioner reported that the plastering works were not satisfactorily completed. No proper levelling is done on all surface. It is reported by the commissioner that the plastering works were over and the tile works were to be completed. The complainant has not adduced any evidence regarding the renovation works done by him, regarding the plastering works. Regarding the tile works the claim of the complainant is that he had removed the tiles laid by the opposite party and he had laid new tiles. To prove those facts, the complainant has examined PW2, who alleged to have done the tile works. PW2 deposed that himself and two other workers worked for 15 days for removing the tiles and laying new tiles. But he has not stated anything about the area of the tile work done by him. PW2 admitted that there is no document with him to show that he had worked for the complainant and he had received wages from the complainant. As found by the District forum on a perusal of Ext.A4 series bills it can be seen that it does not contain the name of the person who purchased the articles. Considering all these facts the District forum found that the complainant is not entitled to get any refund of the amount from the opposite party for those works. Admittedly the complainant has not filed any appeal challenging the finding and order of the District forum. In the appeal, even though some advocate stated that he has filed vakalath for the respondent, no vakalath is seen filed and there was no representation for the respondent when the appeal was taken for hearing.11. In Ext.A3 report it is stated by the commissioner that the plastering works were not satisfactorily completed. No proper levelling is done on all surface. It is also reported by the expert commissioner that due to lack of expertise in laying the tiles, it is seen sunk in some places and pointing works were not done properly. Based on Ext.A3 report the District forum found that there was deficiency in service on the part of the opposite party. It is to be noted that the opposite party has not filed any objection to the report of the commissioner and he has not taken any steps to examine the commissioner to prove that the report of the commissioner regarding the plastering works and tile works was not correct. We consider that there is no ground / reason to interfere with the finding of the District forum that there is deficiency in service on the part of the opposite party.12. The District forum directed the opposite party to pay Rs 50,000/- as compensation and Rs 5,000/- as costs to the complainant. The District forum might have fixed the amount of Rs. 50,000/- on the basis of Ext.A3 report that approximately an amount of Rs. 50,000/- is required to finish the work by the complainant as per the agreement. The commissioner might have made such a report on the notion that opposite party had received Rs 2,50,000/- for those works. As stated above, an amount of Rs 97,150/- was due to the opposite party from the complainant regarding the structural works of the building done by him. After deducting that amount f

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rom Rs. 2,50,000/- the amount with the opposite party was only Rs 1,52,850/-. Considering all these facts we consider that the compensation and costs ordered by the District forum are on the higher side and those have to be reduced to Rs 25,000/- and Rs. 2,500/- respectively. We do so. So the order passed by the District forum is to be modified to that effect.In the result, the appeal is partly allowed. The order passed by the District forum is modified as: the opposite party is directed to pay Rs. 25,000/- as compensation and Rs. 2,500/- as costs to the complainant.Parties are directed to suffer their respective costs.At the time of filing of the appeal the appellant has deposited Rs. 27,500/-. The respondent / complainant is permitted to obtain release of the said amount, on filing proper application, to be adjusted / credited towards the compensation and costs ordered, as above.Appellant is permitted to obtain release of the amount of Rs.10,000/-, deposited by him before the District Forum as per the order of this Commission in I.A. No. 1099/2018 (stay petition), on filing proper application before the District Forum.
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