ABDUL GAGOOR Vs. JOSE K.V.

JUDGEMENT

(1.) The present Revision Petition is filed under Sec. 21(b) of the Consumer Protection Act, 1986 (the 'Act') against the State Consumer Disputes Redressal Commission, Kerala ('State Commission') order dtd. 21/2/2019 in Appeal No. 156 of 2016, wherein the State Commission allowed the appeal filed by the Complainant and reversed the Order of District Consumer Dispute Redressal Forum, Thrissur ('District Forum") dtd. 29/1/2016 in CC No. 65 of 2011.

(2.) For convenience, the parties in the present matter are referred as per the Complaint before District Forum.

(3.) Brief facts of the case, as per the complainant, are that he entered into an agreement on 27/10/2009 with the Opposite Party (OP) to construct a villa @ Rs.1624.00 per Sq Ft and had paid Rs.12,25,000.00 in six instalments. The OP later demanded Rs.2,00,000.00 on 17/9/2010, stating that the ground floor slab was completed. However, on inspection, he found that the work was not completed as claimed. He also observed various defects in construction, including poor-quality materials such as laterite stones and mud, incorrect concreting of the lintel, and large holes in the basement that could affect the safety of the building. Also, windows and doors were not installed as per the approved plan, and the OP continued construction without resolving these issues. The complainant had the work inspected by an expert, who estimated the completed work to be worth Rs.3,00,000.00. As the cost of land was Rs.90,000.00, the total value of the work done, including the land, was Rs.3.90 lakhs. He alleged that OP had already received Rs.12.25 lakhs, i.e. Rs.8.35 lakhs in excess. Due to poor quality of work and financial discrepancies, he lost faith in the OP. A legal notice was issued to OP on 20/12/2010 and he filed a consumer complaint before District Forum and sought refund of Rs.8.35 lakhs, with interest, compensation, and costs.