In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.33/2012
1) Sri Asish Chowdhury,
8B, Ganesh Sarkar Lane,
Kidderpore, Kolkata-23, P.S. Watgunge. ---------- Complainant
---Versus---
1) Sri Amar Nath Shaw,
Proprietor of M/s Shaw Construction,
98/H/9, Garden Reach Road,
Kolkata-23, P.S. Watgunge. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 13 Dated 21-05-2013.
The case of the complainant in short is that complainant desired to make new building upon his land after demolishing old dilapidated house accordingly he applied before the Kolkata Municipal Corporation and he got sanction from the KMC upon his land consisting covered area of 1275 sq.ft. in two storied building.
Complainant entered into an agreement with o.p. for making construction of 1275 sq.ft. covered area in the proposed new building of the complainant. As such, o.p. demanded advance Rs.3,50,000/-, accordingly the complainant paid an advance Rs.3,50,000/- by cash and partly by cheque for making construction of proposed building at he schedule premises.
O.p. started construction to make proposed building in the schedule premises but the work progress of the proposed building was not satisfactory in spite of o.p. further demanded money of Rs.3,50,000/- to complete the building within time. As such complainant further paid Rs.3,50,000/- by cash and partly by cheque on 20.8.11 to the o.p. with the hope that proposed building will be completed within the time of six month.
On 27.10.11, the o.p. stopped the work in the proposed building of the complainant and persuaded the complainant to increase the cost of construction due to escalation cost of building materials.
O.p. further demanded advance Rs.3,50,000/- to the complainant to complete the proposed building. The complainant paid further amount of Rs.3,50,000/- by cash to expedite the work of the proposed building to make complete the building. O.p. duly received the advance amount of Rs.3,50,000/- as part payment, amounting to total Rs.10,50,000/-. The complainant has urgent need to complete the proposed building as the complainant has to stay in a rental house nearby during construction of which the complainant has to bear rent of Rs.6000/- per month for temporary accommodation.
The complainant has no other alternative except to pay Rs.3,42,000/- on 7.12.11 to the o.p. and o.p. duly received the last payment to finish the work in the proposed building. Even after receiving entire amount of Rs.13,92,000/- in all, the o.p. duly acknowledge the same, is still neglecting to finish the unfinished job of reservoir, ceiling and flooring, plastering inside and outside wall, 2nd floor staircase room, water tank, marbling, fixing doors and windows, paris work etc. in fact the o.p. did not complete 50% of the total work in the proposed building till date and o.p. fled away from the site taking entire amount from the complainant. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant desired to make new building upon his land after demolishing old dilapidated house accordingly he applied before the Kolkata Municipal Corporation and he got sanction from the KMC upon his land consisting covered area of 1275 sq.ft. in two storied building.
It is seen from the record that o.p. started construction to make proposed building in the schedule premises but the work progress of the proposed building was not satisfactory in spite of o.p. further demanded money of Rs.3,50,000/- to complete the building within time. As such complainant further paid Rs.3,50,000/- by cash and partly by cheque on 20.8.11 to the o.p. with the hope that proposed building will be completed within the time of six month. On 27.10.11, the o.p. stopped the work in the proposed building of the complainant and persuaded the complainant to increase the cost of construction due to escalation cost of building materials.
We further find from the record that complainant entered into an agreement with o.p. for making construction of 1275 sq.ft. covered area in the proposed new building of the complainant. As such, o.p. demanded advance Rs.3,50,000/-, accordingly the complainant paid an advance of Rs.3,50,000/- by cash and partly by cheque for making construction of proposed building at the schedule premises.
It transpires from the record that o.p. further demanded advance of Rs.3,50,000/- to the complainant to complete the proposed building. The complainant paid further amount of Rs.3,50,000/- by cash to expedite the work of the proposed building to make complete the building. O.p. duly received the advance amount of Rs.3,50,000/- as part payment, amounting to total Rs.10,50,000/-. The complainant has urgent need to complete the proposed building as the complainant has to stay in a rental house nearby during construction of which the complainant has to bear rent Rs.6000/- per month for temporary accommodation.
The complainant has no other alternative except to pay Rs.3,42,000/- on 7.12.11 to the o.p. and o.p. duly received the last payment to finish the work in the proposed building. Even after receiving entire amount of Rs.13,92,000/- in all, the o.p. duly acknowledge the same, is still neglecting to finish the unfinished job of reservoir, ceiling and flooring, plastering inside and outside wall, 2nd floor staircase room, water tank, marbling, fixing doors and windows, paris work etc. in fact the o.p. did not complete 50% of the total work in the proposed building till date and o.p. fled away from the site taking entire amount from the complainant.
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to complete the construction of underground reservoir and flooring with marble and plastering inside and outside wall and ceiling, fixing doors and windows to construct 2nd floor staircase room etc. and to return excess amount of ( Rs. 13,92,000/- minus Rs. 10,50,000/-) Rs. 3,42,000/- (Rupees three lakhs forty two thousand) only over and above work as received by o.p. as per proportion indicated in the complaint and is further directed to pay the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
