IMPORTANT POINT
Remand – Ordering a remand would cause additional hardships to the parties to the list as no useful purpose would be served in doing so.

JUDGMENT

Ajith Kumar D., Judicial Member—The appellant is the complainant in C.C.No.411/2014 on the file of the Consumer Disputes Redressal Commission, Kozhikode (the District Forum for short). The District Forum has dismissed the complaint as per the order dated 17.12.2014. Being aggrieved by the aforesaid order the appeal has been filed.

2. The appellant had originally filed a complaint before the District Forum Malappuram as C.C.No.148/2012. Later, as per the order of the State Commission dated 10.06.2014, in transfer application No.01/2014 the case was transferred from the District Forum, Malappuram which was taken on file as C.C.No.411/2014 of the District Forum, Kozhikode. The pleadings contained in the complaint in brief are as follows:

3. The opposite parties were conducting the business of construction Villas in the name and style as Alloos Builders. The opposite parties had contacted the complainant and they had entered into an agreement to construct a residential building of 1082sq.ft. with a compound wall, gate and bore well. The opposite parties assured that the construction would be completed and possession of the premises would be given before 23.12.2012. A written agreement was also executed between the daughter of the complainant and the opposite party on 23.02.2011. As per the agreement, the total amount to be paid to the opposite party was fixed as Rs.19,90,820/-(Rupees Nineteen Lakhs Ninety Thousand Eight Hundred and Twenty only). The complainant had paid Rs.16,42,000/-(Rupees Sixteen Lakhs Forty Two Thousand only) to the opposite parties by way of cheque and direct payment. So far, the construction of the residential building was not completed by the opposite parties. According to the complainant, the opposite parties had effected construction worth for a total amount of Rs.5,30,000/-(Rupees Five Lakhs Thirty Thousand only). The cost of the construction put up by the opposite party was assessed by a licensed building supervisor. Though the complainant had contacted the opposite party to complete the construction, they asked further money from the complainant. Complainant had raised funds by availing loans from several individuals and the bank. Even after spending a huge amount, the complainant was constrained to stay in a rented house. The complainant had initiated criminal prosecution against the opposite parties with the Perinthalmanna Police as crime no.591/2012. The complainant had incorporated the details pertaining to the entire remittance made as endorsed in the karar. She would seek for a direction to the opposite parties to return Rs.16,42,000/-(Rupees Sixteen Lakhs Forty Two Thousand) being the amount received by the opposite parties along with interest and costs.

4. The opposite parties had entered appearance and filed a version by admitting the execution of the agreement for constructing a building with a built up area of 1082sq.ft. in five cents. But there was no conditions in the agreement regarding the construction of a compound wall, gate and bore well. The total consideration for the construction of the built up area of 1082sq.ft. was fixed as Rs.19,90,820/-(Rupees Nineteen Lakhs Ninety Thousand Eight Hundred and Twenty only). The extra amount of Rs.40,820/-(Rupees Forty Thousand Eight Hundred and Twenty) is in respect of the extra work carried out for 26.39sq.ft. @Rs.1570/- per sq.ft. The rate pertaining to the extra work was also stipulated in the karar. The booking of the Villa by the complainant was made ten months back on 13.03.2012. But the agreement was executed only on 21.03.2013. In the agreement there was an offer for the completion of the construction within twelve months i.e. by 23.03.2012. There was no purposeful delay on the part of the 1st opposite party. The structure was constructed on 10.10.2011. Initially, the built up area of the house was fixed as 1082sq.ft. But subsequently, an additional area of 26.39sq.ft. was also constructed for which an additional amount was adde