ORDER

The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 21(b) of Consumer Protection Act 1986, against the order dated 27.11.2018 of the State Consumer Disputes Redressal Commission, Uttarakhand, Dehradun (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 27/2016 in which order dated 22.12.2015 of District Consumer Disputes Redressal Forum, Pauri Garhwal (hereinafter referred to as District Forum) in Consumer Complaint (CC) No. 16/2013 was challenged, inter alia praying for setting aside the impugned order dated 27.11.2018 passed by the State Commission in Appeal No. 27/2016 and restoring the Appeal to its original number before the State Commission.

2. While the Revision Petitioner (hereinafter also referred to as OP) was Appellant before the State Commission and OP before the District Forum and the Respondent (hereinafter also referred to as Complainant) was Respondent in the said FA/27/2016 before the State Commission and Complainant before the District Forum in CC/16/2013.

3. Notice was issued to the Respondent on 19.07.2019. Parties filed Written Arguments/Synopsis on 01.12.2023 (Petitioner) and 07.12.2023 (Res7pondent) respectively.

4. Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Forum and other case records are that: -

The Respondent/complainant contacted the Petitioner/OP for construction of his house, in lieu of amount of Rs.13,50,000/- within a period of 6 months. Both the parties entered into an agreement executed on 04.11.2010 mentioning the terms and conditions for construction of the house of Respondent and specifications of goods. The amount as agreed to was paid to the Petitioner. On, 28.01.2012, Respondent entered into his newly constructed house, he noticed that despite payment of entire amount as per agreement and additional amount of Rs.2,15,771/-, OP failed to complete the construction of the house as per particulars in the agreement and there are various defects. The complainant asked the OP for completion of incomplete works. The OP, despite assurance has neither repaid the outstanding amount of the complainant and nor completed the work and has not repaired the discrepancy and errors found in the building. The OP came to complete the overall construction work, but ignored each and every fact of the complainant and avoided the matter. The Complainant sent a legal notice on 08.01.2013 through Advocate to the OP for completion of construction work left in the construction of the building and for recovery of amount of Rs.2,15,771/- outstanding amount with the Petitioner. On 17.05.2013, the Respondent got the inspection of his house done from Shri SS Rana, Advocate, Sh. BS Ananya, Advocate, Shri Deepak Bhandari, Advocate and Zila Panchayat Sadasya and Sh. Jakhmola. They found that there was some incomplete construction work left to be completed. The Petitioner signed the inspection report. Thereafter, again on 27.05.2013, Respondent again sent a legal notice to the Petitioner through his Advocate for recovery of amount of Rs.2,15,771/- . On 30.05.2013, the Petitioner got total clearance of accounts done , wherein the outstanding amount remaining amount was found Rs.1,94,406/- instead of Rs.2,15,771/- claimed by the complainant in legal notice. On 10.07.2013 the complainant filed complaint before the District Forum.

5. Vide Order dated 22.12.2015 in the CC 16/2013, the District Forum allowed the complaint and passed the following order:

“The Complaint of the Complainant is hereby allowed and the Opposite Party is hereby directed that within a period of 2 months from the date of order that is with effect from 22.12.2015, he shall complete the overall incomplete work detailed in the Para No.5 of this judgment, otherwise, the Opposite Party shall make payment of Rs.2,50,000/- (Rupees Two Lakhs fifty Thousand Only) estimated loss of amount on account of above