3BENS CONSTRUCTIONS Vs. BENCY RAGHAVAN

JUDGEMENT

(1.) This is a case filed by the Complainant alleging deficiency in service, negligence and unfair trade practice by Appellants/ Opposite Parties, as the Appellants failed to construct the house of the Respondent/Complainant in 42.5 cents of their land in Survey No.62/4-2 in Block No.1 in Ayroor Village, Ranni Taluk, Pathanamthitta District, Kerala.

(2.) On 25/1/2013 an Agreement was entered into between the Appellant No.2/OP No.2 and the Respondent/Complainant for construction of 3400 Sq Ft house for the Complainant, at the total consideration of Rs.48,50,000.00. The said construction was to be completed by April 2014. The Complainant paid Rs.21,12,500.00 from the date of agreement over a period of time till 17/5/2013. However, the Appellants unilaterally terminated the contract vide letter dtd. 19/5/2013 stating that they cannot continue the work. After terminating the work, the Appellants on their own estimated the work undertaken by them as Rs.14,40,300.00 and, as they had already received Rs.21,12,000.00 from the Complainant, they issued a cheque for the balance Rs.6,72,200.00. The cheque was returned unpaid for insufficient funds.

(3.) After the Appellant unilaterally terminated the contract, the Complainant/Respondent handed over the construction of the said residential building to 'M/s Shilpa Constructions', another construction agency. This agency was instructed to make an estimate of the work already undertaken by the Appellants/OP. M/s Shilpa Constructions estimated the cost of work already done by the Appellants as Rs.8,90,000.00. Thus, the claim of the Appellants for Rs.14,40,300.00 towards the work already done is false. As the Complainant has already paid Rs.21,12,500.00 to the Appellants, after deducting Rs.8,90,000.00, the Appellants are liable to refund Rs.12,22,500.00 to the Complainant.