IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 31st day of December, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M. Anto, Member
C C No. 138/2021 (filed on 02/08/2021)
Petitioner : Ramla V.S.
Pallepparambil House,
Chelikuzhi,
Mundakkayam P.O.,
Pin – 686 513.
Vs.
Opposite parties : Saji Antony,
Puthanpurackal,
Vandanpathal,
Mundakkayam Town,
Mundakkayam – 686 513
O R D E R
Smt. Bindhu R. Member
The complaint is filed under Section 35 of the Consumer Protection Act,2019.
The complainant entrusted the construction of her house to the opposite party as per the agreement dated 21.01.21 for constructing a 982.65 sq.ft. building at the rate of Rs.1750/- per sq.ft. to a total cost of Rs.17,19,637/-.The opposite party agreed to complete the construction work within 6 months. As per the agreement the complainant would pay Rs.7 Lakhs on 21.01.2021, 3Lakhs would be paid on the lintel work of ground floor, 2Lakhs on the commencement of the 1st floor,2 lakhs on Lintel of 1st floor, 1.5L on the roof concrete, 1.5 L on the tiles work and the balance payment on completion. Thus the opposite party received 7Lakhs on 21.01.2021. The construction work started on 21.1.21.The opposite party has received an amount of Rs.3Lakhs,Rs.2Lakhs on 17.04.21 and Rs.5Lakhs on 7.6.21.Thus a total of Rs.17 Lakhs was given to the opposite party by the complainant but on 15.07.21 the opposite party stopped the work and the same has not been completed yet. Thereafter the complainant tried to contact the opposite party several times but he was not responding.
Thus the opposite party has deceived the complainant by not completing the construction work as per the agreement even after receiving the payment. Hence the complaint is filed for compensation.
Even after receipt of notice the opposite party did not care to appear before the commission or to file version and hence set exparte.
The complainant adduced evidence vide proof affidavit and marked Exhibit A1. The report of an expert commissioner appointed by the commission is marked as Exhibit C1.
On a thoughtful evaluation of the pleadings and evidence, we would like to frame the following issues:
- Whether there is any deficiency of service on the part of the opposite party as alleged?
- If so what are the reliefs to be granted?
Point no 1 and 2
The complainant has filed the complaint for realisation of compensation from the complainant for the loss and sufferings caused due to the non completion of the construction of her house.
As per the Exhibit A1 agreement, the opposite party is bound to complete the work of the complainant’s house within six months after commencement. The date of agreement is 21.1.21. The opposite party after receiving Rs.17Lakhs from the complainant has abandoned the work without any notice leaving the complainant and her family in a rental house till now. As per the agreement the opposite party ought to have completed the work somewhere before June,2021.
An expert engineer was appointed by the Commission to inspect the house building of the complainant. The engineer has reported that the walls of two floors, roof slab concreting are only completed and only frames of doors and window were fixed. The plastering has done only for a minor part. The majority portion remains unplastered and works like handrails fixing, Tiling, electrical works, plumbing, painting, sanitary fittings and fixing of doors and windows remain. The amount of the works done comes around Rs.8,00,000/- to 9,00,000/- only. The remaining work is estimated as Rs.10,00,000/- to 11.00,000/- .
As per Exhibit A1, it is evident that the opposite party has received Rs.7,00,000/- on the date of agreement ie.21.01.21, Rs3,00,000/- on 6.3.21, Rs. 2,00,000/- on 17.4.21 and Rs.5,00,000/- on 7.6.21. Thus a total of Rs.17,00,000/- has been received by the opposite party as per Ext.A1 and the promised work is not completed.
As per the Ext.A1 agreement the opposite party is bound to handover the completed house to the complainant within the stipulated time. But on a thorough evaluation of the evidence on record, we find that the complainant is suffering from great mental agony and financial loss due to the act of the opposite party of abandoning the construction work in the middle. Thus it is seen that the complainant is entitled to be compensated for her sufferings .
According to the commission report, the opposite party has completed the work to an extent of Rs.8 to 9 lakhs. The complainant though paid the balance amount already will have to spend the amount again to get the house completed for her residence. The complainant had to spend extra amount for alternate residence during the period of non-completion of the house.
Hence we allow the complaint.
ORDER
1.The opposite party shall pay Rs. 9,00,000/- to the complainant with 9 % interest p.a. from the date of filing of this complaint till realisation.
2. The complainant is at liberty to complete the construction work with the assistance ofany other person other than the opposite party.
3. The opposite party shall pay Rs.30,000/- as compensation and Rs.2000 as litigation cost to the complainant.
The Order shall be complied within a period of 30 days from the date of receipt of Order.If not complied as directed, the compensation amount will carry 9% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 31st day of December, 2021.
Smt. Bindhu R, Member Sd/-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Agreement between the complainant and opposite party
Commission Report
C1- Expert Commission report submitted by Farsana Hassan.
By Order
Senior Superintendent
