By Sri.Ananthakrishnan. P. S, President:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
2. The Complainant’s case in brief is as follows:-
The Opposite Parties are builders who are running a partnership firm namely Mountain builders and Developers Engineering Constructions. They are residing just near to the house of the son of the Complainant and very familiar with her son-in-law. So, the Complainant entrusted the work of renovation and additional construction to her house to the Opposite Partners. The Complainant entrusted them to renovate the kitchen and sit out on the ground floor of her house and to construct first floor having an area of 2900 square meter for Rs.42,50,000/-. Thereafter, they executed an agreement on 15.08.2016 and the Complainant has given Rs.5,00,000/- towards advance. It was decided that the Complainant has to pay the agreed amount by 8 installments. When the Opposite Parties started the construction, the Complainant and her family shifted to a shed. The Opposite Parties obtained Rs.28,80,000/- when they demolished the required area of the ground floor itself. Even though, Opposite Parties received the above said amount, they have not continued the work thereafter. When the Complainant contacted the Opposite Parties, they sent their workers and thus Complainant completed 60% of the work. During this time, the Complainant had purchased raw materials for the construction and she has also given coolie to those workers. When the Complainant asked to endorse all these expenses met by her on the agreement, the Opposite Parties undertook that they will endorse those later. Therefore the Complainant gave Rs.28,80,000/- directly and Rs.45,000/- through cheque to the Opposite Parties. She utilized Rs.9,89,655/- for purchasing the articles. Thus, the Opposite Parties have received Rs.8,00,000/-in addition to the agreed amount. Even then, major works are to be completed. For this reason, the husband of the Complainant died due to heart attack in connection with the mental strain and marriage of her son was delayed. Thus Opposite Parties harassed the Complainant. Though, the Complainant has given excess amount, even now the work is incomplete. There are cracks on the projected part of the sit out. Therefore, Opposite Parties are liable to give back Rs.8,00,000/- to the Complainant with interest @ 12% from the date of the agreement with compensation and cost.
3. The Opposite Parties filed version contenting as follows:- They admitted the agreement with the Complainant for the construction of her house as stated for Rs.42,50,000/-. But they denied that they did not complete the work even if, they obtained excess amount from the Complainant. They also denied that the Complainant has completed 60% of the work by giving coolie to their workers and purchasing the articles required for the work. The Opposite Parties were ready to complete the work. But, the Complainant failed to give the agreed amount within time. Since they are familiar with the son in law of the Complainant, they took the work for a lesser amount. They have also constructed additional area as per the direction of the Complainant. The Complainant never asked to stop the work alleging that the work was below standard. The Complainant has filed this complaint to avoid the balance payment. The Opposite Parties have received Rs.28,80,000/- alone. The Complainant has to give the balance amount and the amount for the additional work. Therefore this complaint is to be dismissed.
4. On the above contentions, the points raised for consideration are:-
1. Whether there is any deficiency in the service of the Opposite Parties? If so, whether the Complainant is entitled to get anything from the Opposite Parties as prayed ?
2. Reliefs and Cost.
5. The evidence in this case consists of oral testimonies of PW1, OPW1, Ext.A1 to A4 and Ext.C1 series. Heard both sides.
6. Point No.1:- Here, the dispute is with regard to the money paid to the Opposite Parties by the Complainant for the construction of her house. Admittedly, the Complainant entrusted the renovation work and additional work of her house to the Opposite Parties. It is an admitted fact that now Opposite Parties stopped the construction. The Complainant has no case that the construction work is below standard and therefore she wants compensation for the substandard work. Even though, the Complainant alleged some cracks on the sit out, she has no prayer to clear it. The Complainant’s case is that she has given excess amount and therefore she wants to get back the excess amount of Rs.8,00,000/- from the Opposite Parties. She also wants to get money for the balance work and compensation for the death of her husband and the delay of the marriage of her son due to the delay of the construction work with cost.
7. It is an admitted fact that the Complainant entrusted the construction work of her house to the Opposite Parties for Rs.42,50,000/-. It is also an admitted fact that the Opposite Parties have constructed additional area. According to the Complainant, the Opposite Parties agreed to renovate the ground floor and to construct first floor for Rs.42,50,000/- within 6 months. Her grievance is that the Opposite Parties have obtained Rs.28,80,000/- when they demolished the required portion of the ground floor itself. According to her, since Opposite Parties stopped the work, she has completed 60% of the work with the workers of the Opposite Parties by giving their coolie and utilized Rs.9,89,655/- for purchasing the raw materials for that work. On the other hand, the Opposite Parties denied that they have obtained excess amount and that the Complainant continued the work and utilized Rs.9,89,655/- for the materials. Their specific case is that the payment is to be endorsed on the agreement. Ext.A1 is the copy of Agreement. Ext.A1 would go to show that Complainant had given only Rs.28,80,000/- to the Opposite Parties in connection with the construction work. Even though, the Complainant alleged that they utilized Rs.9,89,655/- for purchasing the articles and they continued the work up to 60% by giving coolie to the workers, Ext.A1 doesn’t show such expenses. The Complainant alleged that though they tried to get endorsement of those expenses on Ext.A1 Agreement, the Opposite Parties were not ready to endorse those receipt. Ext.A2 series and A3 series are the bills for the expenses allegedly incurred by the Complainant. For the sake of argument, let us assume that the Complainant has utilized such amount. So, If we added this amount to Rs.28,80,000/- it will not come up to Rs.42,50,000/- . Moreover it is an admitted fact that the Opposite Parties had constructed excess area of 656.21 square feet. The Complainant has no case that she has given the expenses to construct this additional area.
8. The Complainant has given evidence as PW1 in conformity with her case. The first Opposite Party has also given evidence as OPW1 to substantiate their case. Ext.C1 series are the Commission Reports. In Ext.C1(b), the Assistant Engineer PWD (Building) Kalpetta reported that the expenses for the work up to that day is Rs.42,80,186/-. This includes the cost of the additional work of 656.21 square feet. Ext.C1 (c) would go to show the expenses for the electrical and plumbing work which was met by the Opposite Parties is Rs.1,53,834/-. Therefore the materials available here would go to show that the Opposite Parties have taken more amounts for the construction work than the amount allegedly given by the Complainant. Therefore it can be seen that the Complainant has miserably failed that she has given excess amount of Rs.8,00,000/- to the Opposite Parties for the construction and thus she is not entitled to get back that amount.
9. The Complainant alleged that the husband of the Complainant died due to mental strain and marriage of her son was delayed. But, here, absolutely there are no materials to show that the husband of the Complainant died and marriage of her son was also delayed due to the delay of the construction work. Therefore she is not entitled to get compensation sought for. Thus it cannot be held that there is deficiency in service of the Opposite Parties. Thus the Complainant is not entitled to get monetary benefits sought for. So we held that the Complainant is not entitled to get anything from Opposite Parties. So Point No.1 is answered against the Complainant.
10. Point No.2: Since Point No.1 is found against the Complainant, she is not entitled to get any relief as prayed for.
In the result, the complaint is dismissed without costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 31st day of March 2022.
Date of Filing:-22.01.2018.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Radhika.
Witness for the Opposite Parties:-
OPW1. Anish. V. Supervisor.
Exhibits for the complainant:
A1. Copy of Agreement. Dt:15.08.2016.
A2(a). Tax Invoice. Dt:05.12.2016.
A2(b). Retail Invoice (3 Nos). Dt:26.01.2017.
A2(c). Retail Invoice. Dt:12.02.2017.
A2(d). Retail Invoice. Dt:13.02.2017.
A2(e). Retail Invoice. Dt:21.02.2017.
A2(f). Retail Invoice. Dt:20.03.2017.
A2(g). Retail Invoice. Dt:25.03.2017.
A2(h). Retail Invoice. Dt:12.05.2017.
A2(i). Retail Invoice. Dt:13.05.2017.
A2(j). Estimate. Dt:20.06.2017.
A2(k). Retail Invoice. Dt:22.06.2017.
A2(l). Retail Invoice. Dt:12.02.2017.
A2(m). Invoice. Dt:28.06.2017.
A2(n). Tax Invoice. Dt:01.07.2017.
A2(o). Bills (3 Nos). Dt:06.07.2017.
A2(p). Bill. Dt:13.07.2017.
A2(q). Bills (4 Nos). Dt:17.07.2017.
A2(r). Tax Invoice. Dt:29.07.2017.
A2(s). Invoice. Dt:01.08.2017.
A2(t). Estimate. Dt:02.08.2017.
A2(u). Invoice(2 Nos). Dt:03.08.2017.
A2(v). Invoice. Dt:05.08.2017.
A2(w). Invoice. Dt:06.08.2017.
A2(x). Invoice. Dt:07.08.2017.
A2(y). Invoice. Dt:14.08.2017.
A2(z). Invoice(2 Nos). Dt:19.08.2017.
A2(aa). Invoice. Dt:20.08.2016.
A2(ab). Invoice. Dt:23.08.2017.
A2(ac). Invoice. Dt:24.08.2017.
A2(ad). Trip Sheet. Dt:02.09.2017.
A2(ae). Retail Invoice. Dt:21.09.2016.
A2(af). Invoice. Dt:27.09.2017.
A2(ag). Invoice. Dt:09.10.2017.
A2(ah). Invoice. Dt:08.11.2017.
A2(ai). Invoice. Dt:09.11.2017.
A2(aj). Bill. Dt:09.11.2017.
A2(ak). Invoice(2 Nos). Dt:10.11.2017.
A2(al). Invoice(2 Nos). Dt:11.11.2017.
A2(am). Invoice. Dt:13.11.2017.
A2(an). Invoice(5 Nos). Dt:14.11.2017.
A2(ao). Invoice. Dt:16.11.2017.
A2(ap). Service Bill (2 Nos). Dt:30.11.2017
A2(aq). Invoice(2 Nos). Dt:26.12.2017.
A2(ar). Invoice. Dt:30.05.2017.
A2(as). Trip Sheet. Dt:23.05.2017.
A2(at). Tax Invoice. Dt:03.01.2018.
A2(au). Bill. Dt:04.01.2018.
A2(av). Invoice. Dt:10.01.2018.
A3(a). Tax Invoice (2 Nos). Dt:03.05.2018
A3(b). Tax Invoice (2 Nos). Dt:19.07.2018.
A3(c). Invoice. Dt:02.06.2018.
A3(d). Invoice. (6 Nos). Dt:26.07.2018.
A3(e). Invoice. Dt:27.07.2018.
A3(f). Invoice. Dt:27.07.2018.
A3(g). Invoice (2 Nos). Dt:27.07.2018.
A3(h). Tax Invoice (2 Nos). Dt:10.07.2018.
A3(i). Tax Invoice. Dt:13.07.2018.
A3(j). Invoice (2 Nos). Dt:18.07.2018.
A3(k). Tax Invoice (3 Nos). Dt:20.07.2018.
A3(l). Tax Invoice. Dt:16.05.2018.
A3(m). Invoice (3 Nos). Dt:16.05.2018.
A3(n). Invoice (2 Nos). Dt:17.05.2018.
A3(o). Invoice. Dt:17.05.2018.
A3(p). Tax Invoice (4 Nos). Dt:18.05.2018.
A3(q). Tax Invoice (2 Nos). Dt:22.05.2018.
A3(r). Tax Invoice (2 Nos). Dt:23.05.2018.
A3(s). Tax Invoice (3 Nos). Dt:24.05.2018.
A3(t). Tax Invoice. Dt:30.06.2018.
A3(u). Tax Invoice. Dt:27.06.2018.
A3(v). Tax Invoice. Dt:07.06.2018.
A3(w). Tax Invoice. Dt:01.06.2018.
A3(x). Tax Invoice. Dt:19.06.2018.
A3(y). Tax Invoice. Dt:11.06.2018.
A3(z). Tax Invoice. Dt:21.06.2018.
A3(aa). Tax Invoice. Dt:26.05.2018.
A3(ab). Tax Invoice. Dt:25.05.2018.
A3(ac). Tax Invoice(2 Nos). dt:26.05.2018.
A3(ad). Tax Invoice. Dt:28.05.2018.
A3(ae). Invoice(2 Nos). dt:29.05.2018.
A3(af). Tax Invoice. Dt:30.05.2018.
A3(ag). Tax Invoice(6 Nos). dt:20.08.2018.
A3(ah). Tax Invoice(6 Nos). dt:13.09.2018.
A3(ai). Tax Invoice(2 Nos). dt:19.08.2018.
A3(aj). Tax Invoice. dt:05.11.2018.
A3(ak). Tax Invoice. dt:22.06.2018.
A3(al). Bill. Dt:23.06.2018.
A3(am). Tax Invoice(2 Nos). dt:30.06.2018.
A3(an). Tax Invoice. dt:02.10.2018.
A3(ao). Tax Invoice. dt:04.10.2018.
A3(ap). Invoice(2 Nos). dt:12.02.2018.
A3(aq). Invoice. dt:16.03.2018.
A3(ar). Invoice. dt:17.05.2018.
A3(as). Tax Invoice. dt:29.05.2018.
A3(at). Cash Bill. Dt:01.06.2018.
A3(au). Tax Invoice. dt:08.06.2018.
A3(av). Invoice. dt:11.06.2018.
A3(aw). Invoice. dt:29.06.2018.
A3(ax). Invoice. dt:20.09.2018.
A3(ay). Tax Invoice. dt:11.08.2018.
A3(az). Bill(2 Nos). Dt:27.09.2018.
A3(ba). Bill. Dt:14.03.2018.
A3(bb). Bill. Dt:01.06.2018.
A3(bc). Bill. Dt:19.07.2018.
A3(bd). Bill. Dt:19.07.2018.
A3(be). Bill(2 Nos). Dt:14.07.2018.
A3(bf). Bill. Dt:20.06.2018.
A3(bg). Bill(2 Nos). Dt:31.05.2018.
A3(bh). Bill. Dt:20.07.2018.
A3(bi). Bill. Dt:06.06.2018.
A3(bj). Bill. Dt:30.05.2018.
A3(bk). Bill. Dt:08.09.2018.
A3(bl). Tax Invoice. dt:17.09.2018.
A3(bm). Tax Invoice. dt:12.09.2018.
A3(bo). Tax Invoice. dt:05.09.2018.
A3(bp). Tax Invoice. dt:11.09.2018.
A3(bq). Tax Invoice. dt:30.10.2018.
A3(br). Tax Invoice. dt:27.09.2018.
A3(bs). Tax Invoice. dt:08.10.2018.
A3(bt). Tax Invoice. dt:25.10.2018.
A3(bu). Tax Invoice. dt:08.10.2018.
A3(bv). Tax Invoice. dt:03.11.2018.
A3(bw). Tax Invoice. dt:03.10.2018.
A3(bx). Tax Invoice. dt:16.10.2018.
A3(by). Tax Invoice. dt:25.10.2018.
A3(bz). Tax Invoice. dt:25.10.2018.
A3(ca). Tax Invoice. dt:22.10.2018.
A3(cb). Tax Invoice. dt:15.10.2018.
A3(cc). Tax Invoice. dt:31.10.2018.
A3(cd). Tax Invoice. dt:23.10.2018.
A3(ce). Tax Invoice. dt:29.09.2018.
A3(cf). Tax Invoice. dt:26.09.2018.
A3(cg). Tax Invoice. dt:01.10.2018.
A3(ch). Tax Invoice. dt:29.10.2018.
A3(ci). Tax Invoice. dt:11.09.2018.
A3(cj). Tax Invoice. dt:24.10.2018.
A3(ck). Tax Invoice. dt:01.12.2018.
A3(cl). Tax Invoice. dt:18.09.2018.
A3(cm). Tax Invoice. dt:25.09.2018.
A3(cn). Tax Invoice. dt:06.10.2018.
A3(co). Tax Invoice. dt:06.11.2018.
A3(cp). Tax Invoice. dt:29.10.2018.
A3(cq). Tax Invoice. dt:22.09.2018.
A3(cr). Tax Invoice. dt:16.08.2018.
A3(cs). Tax Invoice. dt:18.08.2018.
A3(ct). Tax Invoice. dt:27.10.2018.
A3(cu). Tax Invoice. dt:23.06.2018.
A3(cv). Tax Invoice. dt:25.06.2018.
A3(cw). Tax Invoice. dt:26.06.2018.
A3(cx). Tax Invoice. dt:27.06.2018.
A3(cy). Tax Invoice. dt:04.07.2018.
A3(cz). Tax Invoice. dt:07.07.2018.
A3(da). Tax Invoice. dt:24.10.2018.
A3(db). Tax Invoice. dt:18.09.2018.
A3(dc). Tax Invoice. dt:11.09.2018.
A3(dd). Tax Invoice(2 Nos). dt:04.09.2018.
A3(de). Tax Invoice. dt:04.07.2018.
A3(df). Tax Invoice. dt:11.07.2018.
A3(dg). Tax Invoice. dt:03.07.2018.
A3(dh). Tax Invoice. dt:12.06.2018.
A3(di). Tax Invoice. dt:31.05.2018.
A3(dj). Tax Invoice. dt:24.09.2018.
A3(dk). Tax Invoice. dt:05.10.2018.
A3(dl). Agreement. dt:16.07.2018.
A3(dm). Agreement. dt:23.05.2018.
A3(dn). Receipt (2 Nos). dt:20.11.2018.
A4. Copy of Bank Statement.
C1(a). Commission Report. Dt:19.02.2018.
C1(b). Commission Report. Dt:08.05.2018.
C1(c). Commission Report. Dt:08.05.2018.
Exhibits for the opposite parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
SENIOR SUPERINTENDENT,
CDRC, WAYANAD.
