DILIP VISHRAM JADHAV Vs. RAM VASANT MONDKAR

JUDGEMENT

(1.) IN this complaint, it is alleged that the opposite party is a contractor engaging in the work of construction of house. The complainant is a resident of Pali in Ratnagiri District and had hired the service of the opposite party for construction of his bunglow. The opposite party had executed an agreement dated 29-1-1992 in which he agreed to render the necessary services of construction of bunglow, of the complainant. At the time of execution of the agreement Rs.50,000/- were paid in cash by the complainant to the opposite party towards consideration. Similarly, the complainant alleged that subsequently he paid Rs. 30,000/- on 23-2-1993, 20,000/- on 29-2-1993 and Rs. 1,25,000/- on 24-4-1992. Thus, according to complainant he paid to the opposite party the total amount of Rs. 2,75,000/- for carrying out the construction of his bunglow. The complainant further alleged that after execution of the agreement the opposite party did not make construction in a good condition and complete, as a result of which on 13-6-1992 the incomplete construction of bunglow made by the opposite party collapsed and the complainant suffered total loss. The complainant has submitted with his complaint the photographs of the collapsed house . On the basis of aforesaid facts, the complainant alleged that the promised service which was agreed by the opposite party by an agreement dated 29-1-1992 has been totally deficient and therefore, he has claimed the refund of Rs. 2,75,000/- with the interest and Rs. 15,000/- towards compensation.

(2.) NOTICE under section 13 of Consumer Protection Act, 1986 dated 18-5-1993 was sent to the opposite party by registered post which he received on 11-6-1993. The postal acknowledgement bearing the signature of the opposite party indicates the receipt of said notice by him, is on record. In the said notice it was informed to the opposite party that the complaint has been listed on 14-7-1993 for hearing. On 14-7-1993 both the parties were present. However, the opposite party did not file his written version, despite the receipt of notice, under section 13 of the Consumer Protection Act 1986. Thereafter the complaint was adjourned to 13-9-1993 when both the parties were present and were directed to file affidavits and the documents if any, and the case was fixed on 4-11-1993 for final hearing. On 4-11-1993 the complainant appearing with Shri Bafna, Advocate and the opposite party was present in person. Inspite of the instruction given to the opposite party, till the date of final hearing i.e. on 4-11-1993 the opposite party did not file his written version, when this commission repeatedly asked the opposite party as to whether he wanted to file the written version. He stated that he does not want to file any written version and therefore, we heard the arguments and closed the complaint for order.