CHANDRA SEKHARA SETTY Vs. VIJAYALAKSHMI G

JUDGEMENT

(1.) His appeal, by the opposite party, is directed against the order dated 31.7.95, passed by the District Forum, D. K. Mangalore, in complaint No.645/94, directing the opposite party to complete the house work of the complainant at the earliest and settle the accounts as per bills, till such time, it directed the opposite party to pay a sum of Rs.1,140/- p. m. to the complainant. The facts, briefly stated, are as follows : 1. It is the case of the complainant that the Tehsildar, Puttur Taluk, Puttur, granted 5 Cents of land to her for the construction of a house. The complainant started the construction work on the said site in the year 1989 and completed the work of putting the slab. It is the further case of the complainant that she obtained loan thereafter from the Bank to complete the construction work and during the month of February, 1994 the opposite party was introduced to her as a businessman, financier and building contractor. So the complainant entrusted the construction work of the remaining portion of the building and made a payment of a sum of Rs.30,000/- to the opposite party. It is the grievance of the complainant that the opposite party, even after receiving full payment from the complainant, did not show any doing of the essential work of the house. The complainant, on several occasions, sent letters to the opposite party and requested him to complete the work. But the opposite party failed to do so. So the complainant filed the complaint seeking refund of the said amount of Rs.30,000/- with interest thereon and also a sum of Rs.1,140/- p. m. from the opposite party.

(2.) The opposite party, though appeared, did not file any version. During enquiry, the complainant examined herself as CW 1 and got Ex. C-1 to C-14 marked in evidence.

(3.) The District Forum, on consideration of this material placed on record, held that the opposite party committed deficiency in service, and in that view, directed the opposite party to complete the house construction work at the earliest and settle the accounts and till such time it directed to pay to the complainant a sum of Rs.1,140/- p. m. commencing from 1.4.94.