Chandigarh

DF-II

CC/424/2023

RATTAN SINGH SON OF SH. BALKAR SINGH - Complainant(s)

Versus

ABHISHEK RATAN PAL PROPRIETOR M/S A.R. CONSTRUCTION CO. - Opp.Party(s)

JATINDER PAL SINGH AHLUWALIA

11 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	424 of 2023
Date  of  Institution	:	22.08.2023
Date   of   Decision	:	11.06.2024

 

 

 

 

 

Rattan Singh son of S.Balkar Singh, resident of House No.3074, Sector 40-D, Chandigarh  

             …..Complainant

 

Versus

Abhishek Ratan Pal, Proprietor M/s. A. R. Construction Co., SCO 31, First Floor, New Sunny Enclave, Sector 125, Kharar, Mohali 140301

2^nd Address:- Abhishek Ratan Pal R/o H.No.10011, ATS CASA ESPANA, Near Milk Plant, Sector 121, Mohali.

      ….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Argued by:-     Sh.Jatinder Pal Singh Ahluwalia, Counsel for complainant along with complainant

 

                Sh.Narinder Singh, Counsel for OP

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that he hired the service of OP for construction of house on his Plot No.3060, Sector 40-D, Chandigarh measuring 208 sq. yd. and the OP assured him that he has a team of expert and technical skilled people to undertake different jobs and would handover the building complete in all respect inclusive of civil electrical, plumbing, wooden, paint and other jobs within time.  Accordingly, an Agreement dated 13.1.2023 (Ann.C-1) was executed between the complainant and OP whereby the rate of Rs.1950/- per sq. ft. was settled for construction of building on the said plot of complainant as per approved plan.  It is submitted that it was also decided that the construction work will be executed under the supervision of Architect D.S.Virdi. The work commenced from 05.12.2022 and the completion time of the building, as per agreement, was fixed to 05.06.2023.  It is also submitted that before entering into agreement, the complainant paid Rs.18.50 lacs to the OP and in total paid entire amount of Rs.36 lacs (Ann.C-1).  It is pleaded that the OP failed to complete the building on the date fixed i.e. 05.06.2023; failed to complete the structure of the building within specified time and also the OP was negligent in arranging the work force to carry out the jobs.  It is also pleading that the complainant has been losing Rs.90,000/- as monthly rent due to non-completion of building upto three storey by the OPs by the schedule time of 05.06.2023.  It is stated that the Architect D.S.Virdi, who was supervising the construction work, submitted detailed report Ann.C-2 showing that excess amount of Rs.2,45,651/-  has been taken by the OP as the job performed by the OPs are of Rs.33,54,339/- whereas he has been paid complete amount of Rs.36 lacs, so Rs.2,45,651/- are recoverable from the OP.  It is further stated that the jobs not completed by the OPs within scheduled time incurred extra cost for their completion to the tune of Rs.5,44,400/- (Ann.C-2). It is asserted that the cement used by the OP for civil constriction work in the building was below the desires standards, which the complainant got checked from M/s APS Engineers (Ann.C-3 & C-4).  It is pleaded that the OPs left the work in between that too without any notice and failed to complete the building work within schedule time and was not responding the calls of the complainant as a result, the complainant faced lot of harassment.  Accordingly, the complainant sent legal notice to the OP (Ann.C-5) but the OP never responded.  Hence, this complaint has been filed with a prayer to direct the OP to refund excess amount of Rs.2,45,651/- with interest; pay Rs.5,44,400/- an excess amount added for completion of incomplete structural jobs; Rs.18,25,305/- to be incurred on completion of finishing jobs; pay rent of Rs.90,000/- per month from 5.6.2023 till Dec., 2023 as well as to pay compensation and litigation cost. 

 

2]       After service of notice, the OP has appeared before this Commission through his counsel and filed written version and while admitting the factual matrix of the case, stated that the agreement for construction of three storey house over the plot in question was executed on 13.1.2023, though the work started earlier and the rate fixed was Rs.1950/-.  It is stated that the total area for the construction was to the tune of 4230 sq. ft. for three storey house and as such the cost comes to Rs.82,48,500/- but the complainant paid only Rs.36 lacs.  It is stated that the complainant was to make the payment from time to time but the complainant paid only Rs.36 lacs till 25.3.2023 out of Rs.42,92,465/- till 13.4.2023 only including one lakh to Architect which itself is Rs.6,92,465/- lacks deficit as per the agreement.  It is pleaded that the complainant always made excuses for payments but after getting the major and extra work done, he stopped payment in March, 2023 and in mid July, 2023 he requested the answering OP to postpone and stop the work for some time and he will conveyed to the OP when to start the work, he never conveyed. It is submitted that the complainant never made the payment on time and made the excuse that he has got loss in the share market and jobless and will pay whole amount within few days but never paid. It is also submitted that the complainant is making different estimates by himself with connivance of the Architect. It is pleaded that the complainant has concocted a false story to extract money from the OP. Other allegations have been denied and lastly it is prayed that the complaint be dismissed.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the contesting parties and have gone through the entire record including written submission. 

 

5]       It is observed that an Agreement dated 13.1.2023 was admittedly executed between the complainant and OP (Ann.C-1) for raising construction of three storey house on the plot of the complainant @Rs.1950/- per sq. ft.  The OP has admitted to already receive an amount of Rs.36 lacs from the complainant for the said work.  It is observed that in the Agreement Ann.C-1 it is agreed by the OP to complete the work in all respect by 5^th June, 2023 and handover the keys to the owner/complainant.  However, the OP failed to complete the work by the agreed period and took the ground that the complainant has not paid further amount.  It is opined that the Expert Report of Architect D.S.Virdi (Ann.C-1 (Page 29 to 31) placed on record by the complainant made it clear that the OP has left the work of construction of the house of complainant in between, as a result the complainant suffered loss.  The said Expert Report established that the owner has spent approximately Rs.5,44,400/- for pending structure work and paid extra amount of Rs.2,45,651/- (Rs.36,00,000-3354349= Rs.2,45,651/-) for structure work.  The OP failed to rebut the said Expert Report by leading any expert report to the contrary.  Therefore, it is held that the OP remained deficient in rendering proper service to the complainant and due to which the complainant has to suffer loss, harassment and mental agony.

6]       Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed against OP. Accordingly the complaint stands Partly Allowed against OP. The OP is directed to compensate the complainant by paying an amount of Rs.7,90,051/- (i.e. Rs.5,44,400/- incurred by the complainant for pending work and Rs.2,45,651/- paid extra to the OP) along interest @6% per annum from the date of filing the present complaint i.e. 22.8.2023 till its actual payment to the complainant.

         This order be complied with by the OP within a period of 60 days from the date of receipt of its certified copy.

7]       The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

11.06.2024                                                           Sd/-

                                                            (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER