SAM MATHEW @ BINOY Vs. ABRAHAM C. KURUVILA

JUDGEMENT

(1.) The present revision petition is against the impugned order dated 20-08-2015 passed by the Kerala State Consumer Disputes Redressal Commission (in short the State Commission) in Appeal No.593 of 2012 whereby the State Commission partly allowed the appeal filed by the petitioner.

(2.) The complainant, Sam Mathew signed the agreement on 18-05-2007 with Abraham C. Kuruvilla of the OP builder for construction and renovation of residential villa of the complainant. The OP has agreed to complete the work for Rs.20,00,000/- within six months from the date of agreement. The total construction was 1850 sq.ft. but the OP constructed around 600 sq.ft. plinth area in addition to 1850 sq.ft. in violation of the agreement. The expert commissioner was appointed. He also expressed that construction was done in excess to what it was agreed. The complainant neither consented nor had any knowledge of extra construction. The OP received total amount of Rs.24,84,480/- from the complainant. Accordingly, the OP had received excess amount of Rs.3,24,150/- and failed to complete the work within the agreed period, also it was poor quality of work. Hence, for the alleged deficiency in service on the part of the OP the complainant filed a complaint before the District Forum.

(3.) On May 21, 2012, the District Forum decided the complaint as ex parte and directed OP to pay Rs.3,24,150/- with 10% interest per annum from the date of filing of the complaint, along with Rs.1,00,000/- towards compensation for delay and to cure defective works and a cost of Rs.5,000/-.