GOPAL MAPARI Vs. SUMATI ARLEKAR

JUDGEMENT

(1.) THIS is an appeal filed against Judgment and Order dated 27.8.2007 passed by the District Forum in Consumer Case No. 134/04.

(2.) THE present appellants are opposite party Nos. 1 and 2 and present respondent is the original complainant before the District Forum and they will be described as such for matter of convenience.

(3.) BRIEFLY , the facts in the complaint are that the complainant is owner in possession of aplotbearingNo. 68, PDA Colony, at Porvorim, situated in survey No. 77/1, admeasuring 150sq.mts. As the Complainant intended to construct a house, she engaged the services of a civil contractor, one Mr. Mario Fernandes, and entered into an agreement for the construction dated 11.11.2002 for a total cost of Rs. 6,30,000. It is the case of the complainant that the said Mario got a job in a foreign country and at the time of leaving had completed work to the extent of Rs. 1,36,795.70. Hence, the Complainant entered into another agreement dated 28.2.2003 with the Opposite Parties for continuing and completing the project for the same rate, except that opposite party No. 1 was to be paid an additional Rs. 10,000 for supervision and construction work till completion of the entire bungalow. A sum of Rs. 5,000 was paid on 5.3.2003 and acknowledged by opposite party No. 1. The complainant thus made payments to opposite party No. 1 amounting to Rs. 4,80,650. Complainant states that opposite party No. 1 had not completed the work and wrongly reported that 90% of the work has been completed. Complainant then obtained a report of one architect Shri S.N. Bhobe, which indicated that Opposite Party No. 1 has to complete work to the extent of Rs. 2,12,000. A legal notice was sent by complainant to opposite party No. 1, despite which the work was not completed. Hence, complaint was filed on grounds of deficiency in service and unfair trade practice, and thus prayed for directions to opposite party No. 1 to complete the work of the bungalow as per approved plan for the amount agreed upon or in the alternative to direct opposite party No.1 to refund the additional amount of Rs. 1,92,650 receivedby him with interest @ 18% per annum from October 2003 and Rs. 50,000 for mental agony.