HANUMAN GANESH ABHYANKAR Vs. RAJENDRA MANMOHAN BARTAKKE

JUDGEMENT

(1.) This complaint is against the opposite party as regards the deficiency in the service. The complainant alleged that he had hired the services of Opposite Party for construction of two apartments viz. A and B for himself. It is further alleged that there was an agreement dated 22.7.91 under which the Opposite Party was to complete the construction of apartment 'a' and 'b' with the facilities which are mentioned in the agreement. 'ex.2'. It is the case of complainant that the Opposite Party failed to provide the amenities mentioned in para 5 of the complaint. The complainant, therefore, claimed Rs.4,00,000/- for providing the services and amenities to apartment No. A and B as per the agreement and Rs.25,000/- for mental torture.

(2.) Notice u/sec.13 of the Consumer Protection Act dated 18.1.1992 was sent to the Opposite Party which was received by him on 23.1.92 by Registered Post with acknowledgement due. Despite the aforesaid notice, the Opposite Party remained absent. This Commission, therefore, proceeded ex- parte against the Opposite Party.

(3.) The complainant in support of his contention filed Ex. A, the first agreement dated 12.7.1989 and second agreement at Ex.2 dated 22.6.1991. Both the agreements clearly support the allegations made by the complainant in his complaint. In absence of any written version in denial of the allegations of the complainant, we have no other alternative but to accept the allegations made by the complainant in his complaint as duly proved. Hence, we allow this complaint and pass the following order:-