BHARATBHAI C PRAJAPATI Vs. MINAKSHIBEN RASIKLAL SHAH

JUDGEMENT

(1.) The initial agreement was that Bharatbhai C. Prajapati/OP will charge Rs.3,82,000/- from Shri Minakshiben Rasiklal Shah, the complainant for repairs. As per the payment plan and subsequently, due to additional repairs, the OP received Rs.38000/- more. This is an admitted fact that the OP has already received a sum of Rs.4,21,000/- for repair of 19 items. This is also an admitted fact that the work has not yet been completed. The State Commission, in para 9 of the impugned order, observed :-

(2.) It is, thus, clear that the petitioner had engaged another builder for completing the entire work. The petitioner had to incur a sum of Rs.1,07,500/-. The agreement entered into between the parties has been placed on record, which is dated 18.11.2007. The total consideration is Rs.3,82,000/-. No further agreement was executed between the parties for the additional work.

(3.) Learned counsel for the petitioner submits that additional payments were made because there were additional work. No reason has been given why the work has not been completed. The conduct of the petitioner from the very start is very doubtful. The matter went upto the police as well.