JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT
The appellant is the complainant in OP.217/04 in the file of CDRF, Kollam. The complaint stands dismissed. The complaint is filed for refund of an amount of Rs.31,397/- along with compensation of Rs.50,000/- and cost.
The opposite parties are builders who had constructed the residential house of the complainant. According to the complainant the opposite parties demanded additional amount of Rs.6,917/- which was disputed by the complainant. It is alleged that the opposite parties stopped the words abruptly. According to him in fact the amount of Rs.31,397/- is due to the complainant.
On the other hand, the opposite parties have contended that only when the balance amount of Rs.6917/- was claimed the complainant has filed the complaint. According to the opposite parties they have completed the entire construction of the building. It is also pointed out that periodically the statement of accounts were given to the complainant and the same duly signed by the complainant.
Evidence adduced consisted of the testimony of PWs1 and 2, DW1 and Exts.P1 to P9.
The Forum has held that there is no case for the complainant regarding deficiency of service and that the only dispute is with respect to the amounts kept by the opposite parties and hence the complaint cannot be treated as a consumer dispute. The Forum has also noted that the complainant has admitted in his testimony during cross examination that he has no complaint regarding the works executed by the opposite parties. It is also noted that in Ext.P1 statement of accounts (sic Ext.P2) the complainant has recorded satisfaction and hence there is no merit in the complaint.
We find that in Ext.P2 statement of accounts the complainant has noted that the amount is correct. The amount covered by Ext.P2 is Rs.1,27,080/-. Ext.P2 is the detailed statement of accounts. In all the pages of Ext.P2 it is noted by the complainant that the statement is correct. Ext.P1 is a consolidated statement dated:12/7/2003. The last entry in Ext.P2 is Rs.8603/-. It is in Ext.P1 that the balance amount is mentioned as Rs.6917/-. It was the above balance claimed that was disputed by the complainant. It is pertinent to note that the claim of Rs.31,397/- cannot be correct as in Ext.P2 wherein the total is mentioned as Rs.1,27,080/- has been acknowledged as correct. If the amount of Rs.31,397/- was due to the complainant he would not have endorsed Ext.P2 statement as correct. There is no explanation for the above difference. In the circumstances we find that essentially there is no merit in the complaint filed. Hence the appeal is dismissed.
Office will forward the LCR along with copy of this order to the Forum urgently.