MANIDWEEP ASHWAM TRUST Vs. SOMPURA NAVINCHANDRA CHUNILAL

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 against the judgment dtd. 5/8/2016 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad in Complaint no. 33 of 2012.

(2.) The brief facts as stated by the appellant are that the appellant no.1, Manidweep Ashram Trust, had filed a consumer complaint in their personal capacity against the contractors / respondents herein alleging deficiency of service in construction of temple for their deity 'Bhuvaneshwari Mata Temple'. It was contended that even after receiving 90% of the agreed amount for the construction of the temple, the construction work of the temple has not yet been completed. Appellant nos. 2 to 8 herein who are the trustees of Appellant no.1 had on 25/4/2005 executed the Trust Deed and on 9/11/2005 registered the Manidweep Ashram Trust who is appellant no.1.

(3.) The respondent herein are traders-cum-building contractors and run their business in the name of Sompura Navinchandra Chunnnilal, Shrine Temple Contractor and Stone Trader situated at Ganesh Society, Jogsar Road, Dhrangadhra, District Surendra Nagar, Gujarat 363 310. The appellant had entered into a contract with the respondent to construct the temple at Ambasar in 2007 for Rs.58,00,000.00 within a span of three months. The respondents started the construction work of the temple on 10/9/2007 but the left the construction midway and did not complete the work in the stipulated time even after admittedly receiving Rs.53.68 lakhs. The appellant filed a police complaint against the opponents for cheating, criminal breach of trust etc. on the grounds that the respondent left the construction work incomplete and was also demanding extra money by disputing the agreed amount for the construction of the temple. On 18/11/2011 a settlement/ compromise agreement was executed and signed by both the parties wherein the respondents agreed to complete the construction of the temple within one year and the Trust agreed to pay an amount of Rs.12.00 lakh in a time bound manner and Rs.5.00 lakh after completion of the work addition.