SANJEEV GUPTA Vs. P S TANEJA

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 30.10.2009 passed by the District Forum, Dehradun, ex parte allowing the consumer complaint No. 135 of 2009 against the opposite party and directing the opposite party -appellant before us to pay sum of Rs. 1,20,000 to the complainant within a period of 30 days.

(2.) IN brief the facts of the case are that the complainant entered into an agreement with the opposite party -contractor on 24.10.2008 for construction of his house and handed over a cheque for sum of Rs. 31,000 to the opposite party. The opposite party assured to get the construction completed within a period of six months. The opposite party failed to complete the construction within the stipulated time and requested for extension of time upto 30.6.2009. The complainant observed that the opposite party is not taking any interest in the construction work. The complainant asked the opposite party to submit the detail of the construction work carried out by him, but the opposite party did not submit the detail and instead demanded the balance amount. According to the complainant, the work, as mentioned in para 7 of the consumer complaint, has been left incomplete by the opposite party. The complainant has further alleged that the class of construction raised by the opposite party is very poor and instead of first class bricks, the opposite party has used second class bricks. Instead of 5 mm steel beam, the opposite party has used 4 mm steel, which is contrary to the agreement. The opposite party also did not use CCI or ACC cement. The complainant has paid a sum of Rs. 3,84,250 to the opposite party. According to the complainant, the opposite party has charged an excess amount of Rs.1,10,000 from him. The complainant, therefore, filed the consumer complaint before the District Forum, Dehradun, alleging deficiency in service on the part of the opposite party.

(3.) NOTICE of the consumer complaint was sent to the opposite party by the District Forum through registered post, but the opposite party did not turn up before the District Forum. Therefore, the consumer complaint was heard ex parte against the opposite party and was allowed ex parte by the District Forum vide order dated 30.10.2009 in the above manner. Aggrieved by the said order, the opposite party has filed the present appeal.