GURDEV SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) It is an appeal against the order dated 14/19.3.2002 of District Consumer Disputes Redressal Forum, Moga (hereinafter called the "district Forum" ).

(2.) Brief facts stated in the complaint are that Gurdev Singh, appellant-complainant (hereinafter called the "complainant") got his residential house in village Ghal Kalan, Tehsil and District Moga, constructed from respondent-opposite party Ajmer Singh, contractor (hereinafter called the "opposite party") on contract basis during the period from November, 1999 to February, 2001. It was alleged that the complainant had provided the necessary, construction materials and had paid Rs.1,40,000/- to the opposite party on account of the services as full and final settlement on 4.2.2001 for construction of the house. However, the opposite party had not rendered his services properly. Cracks and dampness appeared in the floor, walls and the roofs in such a short period. Flooring was hollow, foundations were not properly laid and the plaster lost its gripping. The house gave an ugly look. It was then alleged that the complainant had incurred a loss of Rs.5 lakhs due to the bad workmanship of the opposite party. In the complaint, the complainant had sought a direction from the District Forum to the opposite party to pay compensation of Rs.5 lakhs to him as the opposite party was deficient in providing services to him.

(3.) The opposite party in reply had denied having ever entered into the contract with the complainant or constructed his house much less on contract. He had also denied having received an amount of Rs.1,40,000/- from the complainant or execution of any receipt for the same. The alleged receipt, according to the opposite party, was said to be a forgery committed by the complainant in collusion with one Bhagat Singh contractor, who had a professional jealousy with him. The opposite party totally denied his involvement in the construction of the house of the complainant. A prayer was ultimately made for the dismissal of the complaint.