BENNY JOSEPH Vs. C S COMPANY

JUDGEMENT

(1.) The above two appeals arise from the order dated 7.7.1995 in OP No.1141/93 of the District Consumer Disputes Redressal Forum, Kottayam. Appeal No.1203/1995 is by the complainant in the above complaint and appeal No.1282/1995 is by the Opposite Parties.

(2.) The complainant's case is as under. The first Opposite Party is a firm of engineering contractors. It is represented by the managing partner, Jaganatha Prasad. The second and third Opposite Parties are the other partners of the firm. First Opposite Party advertised that it is taking up construction of residential buildings at the rate of Rs.165/- per square foot. The complainant lured by the advertisement entered into an agreement on 20.7.1992 for constructions of a residential storeyed building at Athirampuzha. The area was 1997.0 square feet. Thus the agreed cost of construction would come to Rs.3,26,221/ 60. The terms of payment were as follows: (1) 20% of the total cost after foundation excavation. (2) 10% of the total cost at lindel stage of ground floor. (3) 10% after completion of roof concreting of ground floor. (4) 10% at lindel stage of first floor. (5) 10% after roof slab concreting of first floor. (6) 10% during cement plastering and flooring. (7) 10% on completing of electrification and sanitary work. (8) 10% after fixing windows and shutters. (9) final 10% during completion of work.

(3.) The period of completion was agreed to be one year. The complainant paid the first instalment on 12.8.1992 Rs.65,000/- in two instalments. But the Opposite Party completed the excavation for foundation only on 20.8.1992. The progress of the work was not satisfactory and even after six months the Opposite Party completed work only upto lindel level of the ground floor. The complainant promptly paid Rs.32,621/- on 4.3.1993 itself. Some extra work on foundation was done by the Opposite Party for which they raised a bill for Rs.8332.62 on 7.4.1993. The bill was not based on joint measurements and the complainant paid Rs.5,000/- on ad hoc basis towards this bill on 4.5.1993. On being properly measured the cost was found to be Rs.4740/- which was notified to the Opposite Parties through letter dated, 15.7.1993. Thus from 4.5.1993 there was an excess amount of Rs.260/- outstanding with the Opposite Parties. After the receipt of the second instalment the Opposite Parties neglected the work. Repeated letters were issued requesting to carry out the work promptly but there was no improvement. The registered letter issued on 15.6.1993 was refused by the Opposite Parties. The period fixed for completion was running out by 20.7.1993. Hence on 19.7.1993 the complainants informed through letter that the opposite party need not continue the work and they stopped the work on 20.7.1993. When the work was stopped not even the roof slab of ground floor was done. Even though the Opposite Party had received by then Rs.1,02,621/- they have done work only for Rs.70,738.50. Thus Rs.31,882.50 was the excess payment in the hands of the Opposite Parties on termination of the contract. The complainant claimed refund of this amount and compensation for losses consequent on the inordinate delay in completion.