RAMAVATAR SAHU Vs. NARESH KUMAR SAHU

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section21(b) of the Consumer Protection Act, 1986 against Order passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (hereinafter referred to as the "State Commission") in Appeal No. FA/2017/784 dated 12.01.2018.

(2.) In this Complaint case, the Petitioner/Complainant stated that he entered into an Agreement with the Respondent/Opposite Party on 29.01.2016 for the construction of a building on 570 sq. ft. on his wife's land on the main road in village Manki.Construction of the building was contracted at a total cost of Rs.3,93,300.00, @ Rs.690.00 per square feet.As per the Agreement, four shops in front and three rooms behind were to be constructed. The Petitioner paid Rs.4,19,300.00 to the Respondent by cash and cheques on different dates.He paid Rs.26,000.00 more than the agreed amount.The Petitioner paid Rs.11,250.00 for bricks, Rs.6,500.00 for iron rod and Rs.400.00 cash to the Respondent. The Respondent did not complete the construction of the house within three months as per the Agreement and had only completed the structure. The Petitioner made several requests and sent a legal notice by Registered Post on 31.05.2016 to complete the construction work as soon as possible.Though the Respondent received the same, there was no response. Hence, the Complaint was filed.

(3.) The Complaint was contested by the Respondent by filing Written Statement in which it was contended that the house was given on contract to be constructed at the rate of Rs.690.00 per square feet. The Respondent signed a document on 29.11.2016 which the Petitioner filled later.The Respondent was not aware of its contents and was never given a copy of the same.The Respondent was paid a total of Rs.3,32,000.00 only. According to the Respondent, he had constructed 1,000.16 sq. ft. according to the contract, amounting to Rs.6,90,110.00, at the rate of Rs.690.00 per square feet. The remaining amount of Rs.3,58,110.00 was due from the Petitioner. The Respondent sought payment of balance amount, but the Petitioner did not pay the balance amount. The Respondent also sent a registered legal notice dated 25.06.2016 regarding payment of the balance. The Complaint was submitted on untrue and fabricated grounds by the Petitioner and was liable to be dismissed. The Respondent was not at all careless in discharging his duties, and the Petitioner had to pay him the amount due. In such a situation, there was no question of further execution of construction work. If there was any damage to the Petitioner, then he himself was responsible for it.