Chandigarh

DF-I

CC/45/2022

Kamlesh Kaur - Complainant(s)

Versus

A & H Construction Company - Opp.Party(s)

Bhavnik Mehta

16 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

1. Kamlesh Kaur wife of Sh.Gurmeet Singh, resident of House No.8568, Block-I, Aerocity, SAS Nagar, Mohali through her Power of Attorney Mr.Sharanjit Singh son of S.Hukam Singh, resident of House No.230, Phase-6, Mohali, Punjab.
2. Sharanjit Singh son of Mr.Hukam Singh, resident of House No.230, Phase-VI, Mohali, Punjab.

… Complainants

V E R S U S

1. A & H Construction Company, SCO 2407-08 (Cabin No.02), Second Floor, Sector 22-C, Chandigarh.
2. Abdul Khan, Managing Director, SCO 2407-08 (Cabin No.02), Second Floor, Sector 22-C, Chandigarh.

Mobile No.8146711039, 9417688201

Email Id: … Opposite Parties

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant No.1 is filing the present complaint through her son-in-law and Power of Attorney of complainant No.2 (Annexure C-1). The complainant No.2 was directly dealing with the OPs and had also entered into agreement with them regarding the construction of house in question (Annexure C-2). As per complaint, the OPs have indulged in unfair, unethical and fraudulent trade practice. Even after obtaining the full payments from the complainants, OPs did not complete the construction, painting and a whole lot of other works vis-à-vis house in question. They have used sub-standard and cheap construction material against as promised and specifications mentioned in the agreement dated 11.09.2019. They have also committed serious construction negligence, including constructing an uneven main staircase, substandard wooden articles, poor plastering. The categories of various latent and patent defects have been exposed in the construction done by the OPs i.e., leakage in the parti-wall, cracks in the walls, uneven staircase, incomplete work, defective construction, cracks in the door, lack of finishing, incomplete and improper electricity work, incomplete and improper sanitary work, leakage in the kitchen pipe etc. Copies of the photographs of the said house in question are annexed as Annexure C-7 to C-19.

         As per complainant, the OPs without completing necessary work of the Ground Floor, initiated the construction of the additional area on the first floor. Consequently, the complainants had to get the extension from GMADA and pay charges of Rs.29,000/- for extension (Annexure C-4). A total of Rs.21,21,000/- was paid till 27.05.2020. An increased amount of Rs.6,45,000/-pertaining to additional construction has already been paid. The complainants sent a legal notice on 25.08.2021 to the OPs (Annexure C-20 & C-21). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainants have filed the instant complaint.    

2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite service, therefore, they were proceeded ex-parte on 04.05.2022.
3.     Complainants led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainants and gone through the record of the case. After perusal of record, our findings are as under:-
5.     On perusal of documents/notice/photographs it is clear that there are many deficiencies observed in the construction carried out by the OPs, with regard to the property of complainants. It is also observed that the complainants have paid an amount of Rs.21,21,000/-, plus in addition to this, they have paid an increased/enhanced amount of Rs.6,45,000/- as well. 
6.     Significantly, OPs did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
7.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to reconstruct the defective staircase, fix the cracks in all the walls, fix leakage in the party hall, replacing all the substandard defective wooden doors and windows with the one promised in the agreement, carrying out proper painting work using Asian paints plastic paint for internal walls and Asian Paints Apex for the external walls as per the agreement, reinstalling all defective floor tiles, completion of sanitary work and completion of electricity work, failing which to refund an amount of ₹6,45,000/- to the complainants alongwith an interest @ 9% per annum from the date of filing of complaint till realization.
2. to pay an amount of ₹15,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹7,000/- to the complainants as costs of litigation.

8.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.