I sc l2e I cc I 6312016 Filing Date of : 25.02.2076 Date of Disposal : 05.01.2026 BEF RE THE KARNATAKA ^{STAT E} CONS MER DISPUTES R DRES L COMMISSION, BENGA URU (

PRTNCTPAL BENCH )

DATED THIS THE ^{Osth DAY OF JANUARY 2026} PRESENT HON,BLE MT JUSTICE T ^{G SHIVASHANKARE GOWDA :}

PRESIDENT HON,BLE MTS DIVYASHREE M ^{: LADY MEMBER} scl2elccl6s/2OL6 Mr Kumeer Pasha, S/o Mr Sheik Mohaddien, Aged about 46 Years, R/at No. L54/t55,5'n ^Cross, 2nd Block, VishwaPriYa ^LaYout, -

Begur Road, Bengaluru 560 ^068.

-Versus-

Sri K M Ehsan, Proprietor, M/s. Mysha & Associates Architects, Interiors ^&

Turnkey Contractor, Having Office at: ^{Passion Elite-1,} TF-301, BettadasaPura ^Road, Doddathoguru, Electronic City, Phase-1, Bengaluru - 560 oPPosite PartY (By Mr B N Anantha Narayana,, (By Mr Revanna M S, Advocate) Complainant scl29lccl63l2076 : ORAL ORDER ^:

PER: Mr IUSTICE ^{T G SHIVASHANKARE GOWDA:}

PRESIDENT This Complaint ^{is filed u/s t2 read with Section 17 of} CP Act, 1986 ^{seeking directing to the OP to pay} along with Rs.25,00,000/- towards Rs.25,75,000/-

damages with interest ^{at 24o/o} P.a.

2. The brief facts ^{of the case are that, the Complainant} is ^the owner of ^{the property bearing No'154/155 situated} at No.154/155, ^{5th Cross, znd Block, Vishwapriya Layout'}

068, where upon, he had Begur Road, ^{Bengaluru-560} constructed ground and ^{1't floor. He wanted to put up two} houses in ^2nd and ^{3'd Floor, consisting of two bedrooms} each in existing ^{building' OP after coming to know about} the ^plan of the ^{Complainant, approached him and offered} that he will undertake ^{to put up the construction of the} building. ^{Both entered into a Contract Agreement on} 24.06.2075 and ^{OP agreed to construct the building'}

to Again on 28.08.2015, OP ^{has undertaking construct} identicalfourunitsoftwobedrooms,oneachfloorinstead J sc cc l2016

129 I 163 of three units of two bedroom, excluding ^{Lift and} consideration was fixed ^{at Rs.67,00,000/-.}

3. As per the said Agreement, Complainant is required to pay Rs.25 lakhs ^{towards mobilization advance, Rs'10} lakhs on completion of ^{the 1st slab, Rs.10 lakhs on} completion of the ^{2nd slab, Rs.5 lakhs on competition of} brick masonry work, ^{Rs'S lakhs on completion of plumbing} work, Rs.5 lakhs on ^{completion of interior finishes and} Rs.7 lakhs on completion ^{of the project. OP agreed to} complete the ^{project within six months and work was} commenced on ^{26.06.2015. Complainant has paid a sum} of Rs.57,75,000/- ^{between 26'06.2015 to November 2015} of by way 18 instalments.

4, After receiving ^{the said amount, OP instead of} the project, he had only completed 1't slab, completing

2nd slab, Brick Masonry' Civil ^{work was not completed and} he has completely ^{stopped the construction work, without} informing the Complainant. ^{Complainant without any} alternative, on his own cost, was ^{constrained to complete} the construction ^{work by inducing other civil labourers,} scl2e lccl63l2ot6 carpenters, ^{painters etc., for which he had spent} Rs.14,21,000/-. ^{OP has spent only Rs'32 lakhs out of} Rs.57,75,0001- for ^{his incomplete civil work, hence OP is} liable ^to refund balance ^{amount and also liable to pay} compensation. ^{Therefore, complainant alleging deficiency} in service filed the ^{present Complaint.}

5. OP has opposed ^{the complaint, by filing his Version} contending that, ^{this Commission has no jurisdiction to} deal with ^the Complaint, ^{as it is the Civil Court which has} to decide ^the dispute ^{between both the parties' It is his} that, as there was a Contract Agreement on defence

24.06.20t5 between ^{both the parties for construction of} three residential ^{units of two BHK in the existing 1't floor} building of the ^{Complainant. Cost of the construction was} agreed at ^{Rs.67 lakhs excluding the Lift'}

6. During Construction, ^{there was a Gym room existed} in the 2nd Floor, ^{on which, OP has spent Rs'4 lakhs for} removing. During ^{the construction, the Complainant has} made a request ^{for construction of 4 units instead of 3} units and he has ^{agreed to pay additional sum of Rs'18} @--

scl2e lccl63l2016 lakhs. Thereby, the Complainant ^{is l}