Decided on October 15,2010

V Sathyanarayanan Veethapuram Variyath Appellant
S Jayagopalan Vattakkulam Respondents


- (1.) APPEALS preferred from the very same order in OP.4/02 passed by the CDRF, Malappuram on the date of 29th September, 2003. In appeal No. 231/04 the appellant is the complainant and in appeal 378/04 the appellant is the opposite party in the above appeal. The appellant on 231/04 filed this appeal and to enhance of the compensation ordered by the Forum below. But the appellant in Appeal 378/04 filed this appeal for setting aside the order passed by the Forum below. Both appeals heard in together.
(2.) THE complainant on 26.6.2000 entered in an agreement with opposite party for renovation of his house at a cost of Rs. 2,65,000. An amount of Rs. 2,30,000 is paid in stages. As the work was not satisfactory, the complainant alleged with Malappuram District Consumer and Family Protection Council at whose presence complainant paid a further sum of Rs. 20,000. The work is not completed. The work is already done is not satisfactory. Hence this complaint.
(3.) THE opposite party contended in the gion that the complainant was interfering with the work and he was not able to complete the work. The complainant used to scold the labourers. The complainant has also required additional work. Complainanthas also notpaid a sum of Rs. 20,000 which the complainant alleges to have paid to the opposite party at the instance of the Malappuram District Consumer and Family Protection Council. The opposite party is prepared to complete the work provided the complainant does not interfere with the progress of the work and pay for the additional work suggested. Complainant is not entitled to get any relief. The complaint is liable to be dismissed. The Forum below relied on Exts.Cl Commission report and this report shows that the amount of Rs. 56,547 is required to complete the said estimated work. It is further to be shown that the cost of additional work will work to Rs. 9,796. The main question is that whether opposite party is entitled to get this amount of Rs. 9,796. As there is inordinate delay in the execution of the work and taking into consideration the fact that even now the work is not completed. The Forum below have taken a view that the opposite party is not entitled to get this amount of Rs. 9,796.;

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