DINESH CHANDRA JOSHI Vs. SHAMBHU PRASAD DHAUNDIYAL

JUDGEMENT

(1.) Both the fora below have decided the case against Shri Dinesh Chandra Joshi, petitioner/opposite party/builder. The facts germane to this case are these. Shri Shambhu Prasad Dhaundiyal, the complainant entered into a contract with the petitioner/opposite party for construction of his house. It was agreed that construction work would be completed within six months i.e. by 6th May, 2008 and the cost of construction was agreed @ Rs.550/- per sq. ft. and accordingly a total sum of Rs.9,35,000/- was to be paid by the complainant to the opposite party. The said amount was paid. Again, total area to be constructed was 1700 sq. ft but during the construction it transpired that the total area to be constructed was 2000 sq. ft. The opposite party asked the complainant to pay extra amount, failing which, he threatened the complainant to stop the construction work. Consequently, the complainant gave three post dated cheques in the sum of Rs.50,000/- each to the opposite party.

(2.) It is alleged that the opposite party did not complete the construction work and also took away the construction material from the site. The opposite party also did not return the cheques to the complainant but the complainant got the payment of the said cheques stopped through his banker. The opposite party filed a complaint against the complainant under Section 138 of the Negotiable Instruments Act. The constructed house was measured as 2170 sq. ft. and the total amount recoverable from the complainant was Rs.11,93,500/-. The complainant filed a complaint before the District Forum for deficiency as the opposite party had left the construction work incomplete.

(3.) The District Forum visited the site for inspection and reported that the work was still to be carried out in the house. The District Forum gave the following report: