GERMAN DIAS Vs. VICTORIA BRAGANZA

JUDGEMENT

(1.) The challenge in this appeal is the order of the District Forum, North Goa, dated 27.9.1999, in Complaint No.20/96. By the aforesaid order the appellant was directed to refund to the respondents, the original complainants, a sum of Rs.23,000/- with interest at the rate of 18% per annum from 1.1.1995 till its full realisation. A further direction was made to the appellant to pay to the respondents Rs.1,000/- as notional compensation towards tension and mental torture besides costs of Rs.500/-.

(2.) The respondents had sought from the appellant a quotation to repair their house at Salvador deo Mundo in order to carry on repairs at the cost of Rs.85,000/- which offer was accepted by the respondents and an advance payment of Rs.50,000/- was made to the appellant. The work started in the first week of July, 1994 and in the first week of August, 1994, the respondents made another payment of Rs.10,000/- to the appellant as advance for further works. Thereupon the appellant was paid in all by the respondents, in instalments, the total amount of Rs.81,000/-.

(3.) The complaint was filed by the respondents on the ground that the appellant left the work incomplete and therefore work worth Rs.36,437/- had to be got completed by them through another contractor. The appellant's case was that the remaining balance work was only to the tune of Rs.5,000/- and material worth Rs.12,000/- was lying at the site. However, inspite of the appellant having expressed his willingness to complete the work and stated that he had not abandoned it, the Forum allowed the respondents' claim and directed the payment claimed by them in addition to damages of Rs.1,000/-.