DEBASISH BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The parties entered into an agreement wherein Debasish Banerjee, petitioner/opposite party agreed to construct the residential house of Amarendra Kumar Das on 14.01.2006. It was stipulated that the complainant would pay a sum of Rs.10,03,608/- and OP would take up the work on 23.01.2006. The complainant paid a sum of Rs.10,00,000/- but the progress of the work was very slow. The OP had promised to complete the work by 15.09.2006 as stipulated in the contract. Again, two months' time was extended, but the OP failed to do the needful. The complainant engaged Saroj Kumar Das, Consultant, Civil Engineer, SJDA to assess the costs of construction of his building. He opined that the costs of total construction was Rs.4,68,240.36 plus depreciation value in the sum of Rs.30,000/-. The complainant stood cheated. There was deficiency in service, so he filed the complaint.

(2.) The defence set up by the OP was that the instant dispute was of civil nature. He had filed money civil suit before the learned Single Judge, which was still pending. The criminal case was also pending against him regarding this dispute. The complainant did not pay the money in time. The complainant was a defaulter. The complainant paid a sum of Rs.8,50,000/- only and was yet to pay a sum of Rs.1,53,600/-. The OP has already incurred a sum of Rs.80,000/- from his own pocket to keep the work in running condition. The complainant did not co-operate and did not allow the labour mason to enter into the premises.

(3.) The learned District Forum, vide its order dated 15.07.2008, allowed the complaint and directed the OP to pay Rs.5,14,935.64. It also awarded a sum of Rs.10,000/- as compensation and Rs.2,000/- as litigation charges, in default, the complainant was directed to pay interest @ 9% p.a.