RAJU Vs. COINPAR CENTRE OF INDIA

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where the respondents filed a complaint alleging deficiency in service on the part of the appellants.

(2.) Very briefly the facts of the case are that the second respondent's son had entered into an arrangement with the appellant for construction of a house having an area of 1800 sq. ft. for which a total amount payable was Rs. 5,15,000. This amount was paid. The construction was to be completed within 8 months, starting May, 1995. Since the work was not found to be progressing satisfactorily, and the work was incomplete at a valuation done of the incomplete work at Rs. 3,97,391 with the help of the third respondent, and again when the matter was taken up with the appellant and yet when the work was not getting completed a complaint was filed before the State Commission, who after hearing the parties allowed the complaint and directed the appellant to pay the remainder amount from Rs. 5,15,000 paid by the complainant to the appellant after adjusting for the valuation of the incomplete work along with interest @18% from 25.4.1997, compensation of Rs. 1,00,000 and cost of Rs. 1,000.

(3.) It needs to be mentioned that notice was deemed to have been served on rhe appellant before the State Commission through substituted service by way of publication. It is not in dispute that the case was proceeded against the appellant before the State Commission.