GUNVINDER KAUR BHATIA Vs. AMITY BUSINESS SCHOOL

JUDGEMENT

(1.) APPELLANT was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent/opposite party.

(2.) VERY briefly the facts of the case are that allegedly the complainant entered into an agreement/arrangement with the opposite party for construction of a house with area of 660 sq. ft. , cost of which was estimated Rs. 1,80,000. This amount was given and the work was completed. With a view to increase the area from 660 sq. ft. to 850 sq. ft. further arrangements were made for which additional amount of Rs. 69,500 was required. Thus, making the total cost of construction of house at Rs. 2,49,500 including cost of kitchen service, staircase and laying mosaic for the old constructed portion. It was stated by complainant that the opposite party left the work unfinished and did not complete the work, on account of which he underwent mental depression causing physical disability and had to incur expenditure for his medical treatment, thus, alleging deficiency in service on the part of the respondent, a complaint was filed before the State Commission, who after hearing the parties, dismissed the complaint, hence this appeal before us.

(3.) WE heard the learned Counsel for the appellant. Without going into the controversy, whether the respondent/o. P. was a contractor or the supervisor, as per details of the claim filed by the appellant/complainant along with his complaint, we see that he has estimated the cost of unfinished work at Rs. 95,000 and after adjusting for the amount already paid "excess amount drawn by the O. P. as per estimate given by them" is placed at Rs. 50,500, whereas State Commission has rightly placed at Rs. 40,500 otherwise, the total will not match up. We have gone through the material on record and heard learned Counsel for the appellant and found that, as before the State Commission as also before us, no material has been shown or evidence lead, to substantiate the valuation of unfinished work at Rs. 95,000 and how the excess amount of Rs. 40,500 becomes due? We are in full agreement with the State Commission when it observes "as regards said value of the unfinished work, apart from the complainant's own calculation , there is no other evidence; and even this calculation is bereft of any other particulars". We are in full agreement with the State Commission that in no way, the complainant has been able to show as to how the excess amount has been paid to the O. P.