IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of August, 2018
Filed on 18.11.2017
Present
1. Sri.E.M. Muhammed Ibrahim , BA,LLM (President)
2. Smt. Sheela Jacob (Member)
in
CC/No.310/2017
Between
Complainant:- Opposite party:-
Sri.Sunil Kumar Sri.Anil Kumar
S/o Balakrishna Kurup, Thottunkal,
Harinandanam from Pollethai.P.O,
Sreenilayam, Pollethai.P.O, Alappuzha.
Kalavoor, Alappuzha.
ORDER
SMT. SHEELA JACOB (MEMBER)
This is a case based on complaint filed under Section 12 of the Consumer Protection Act.
The brief facts of the complaint are as follows:-
Opposite party is engaged in the construction of residential building on contract basis. The complainant and opposite party entered into an agreement on 3/9/2015 for the construction of a residential house for the complainant in a plot owned by the complainant which is situated at pollethai at kalavoor village. As per the said agreement, opposite party agreed to complete the work within six months from the date of agreement as per the plan for a total cost of Rs.16,50,000/- specification of the construction, quality of materials, mode of payment, expert workers, etc are clearly envisaged in the agreement. Accordingly the opposite party started the construction and a total amount of Rs. 16, 50,000/- was agreed to be paid by installments. The work was agreed to be completed within 6 months but the same was not completed within the agreed period. Besides that the opposite party had spoiled the entire work due to his incompetent and improper work. The work was also substandard due to poor workmanship, low quality wooden materials, the walls sustained very serious cracks & cleavages, the RCC roofing began to leak during rain when the matter was intimated to the opposite party, he promised to solve the problem within a few days. In spite of several requests, opposite party is not prepared to cure the defects. So the complainant sent a lawyer notice on 25/9/2017 to the opposite party. But even after receiving the said notice, he has not cared to comply the request of the complainant. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant for with the opposite party is liable to the complainant. The complainant prays to allow him to realize a total amount of Rs. 10,00,000/- under various heads and also to prays to allow compensation of Rs.10,000/-
2. In response to the notice issued from this forum the opposite party has not appeared, hence this Forum declared him as exparte on 27/12/2017.
On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not.
3. Complainant’s power of attorney has filed proof affidavit and got marked Ext.A1 to A6 and Ext.C1 documents.
Heard the counsel for the complainant and perused the records.
4. The point:-
Complainants case is that due to the poor workmanship of the opposite party, and due to the use of low quality of wooden materials, cracks and cleavages of walls, leakage etc of the complainant’s residential building occurred. In short the construction work carried out by the opposite party is imperfect & defective. So the complainant approached the opposite party for redressing his grievance. But he did not turned up. The above said act of the opposite party is a clear deficiency in service, which caused mental agony and financial loss to the complainant.
5. The wife of the complainant’s who is the power of attorney filed proof affidavit reiterating the averments in the complainant. Ext.A1 is the Power of Attorney given by the complainant to his wife. Ext.A2 is the agreement dtd 3/9/2015 executed between the complainant and opposite party for the construction of the building. Ext.A3 is the subsequent agreement executed by the opposite party dtd 7/5/2016. Ext.A4 is the office copy of the Advocate notice dtd 25/09/2017 issued to the opposite party on behalf of the complainant. Ext.A5 is the postal receipt dtd 25/9/2017. Ext.A6 is the Acknowledgment card evidencing the sending of lawyer notice Ext.A4.
6. Apart from the above evidence an expert commissioner appointed by this Forum inspected the site and prepared mahazar, report and sketch which are marked as Ext.C1 series. In view of Ext.C1 series documents it is clear that the construction work of the residential buildings carried out by the opposite party contractor is defective imperfect. According to the commissioner the total amount spent for the construction of the complainants residential building may come to Rs. 9,26,815/- only.
7. The unchallenged averments in the affidavit filed by the wife of the complainant coupled with Ext.A2 to A6 and Ext.C1 series documents would establish the case of the complainant. The averments in the affidavit coupled with Ext.C1 series proceedings of the commissioner would show that an amount of Rs. 9,26,815/- is required to rectify the defects caused in the construction work carried out by the opposite party. The materials available on record would clearly indicate that there is deficiency in service on the part of the opposite party as he has carried out the construction work in a most negligent manner and the same has caused mental agony and harassment to the complainant apart from financial loss. Hence the complainant is entitled to get the 9,26,815/- from the opposite party to cure the defects pointed out by the commissioner and also entitled to get compensation and costs of the proceedings.
In the result, this complaint stands allowed and the opposite party is directed to pay an amount of Rs. 9,26,815/- (Rupees Nine lakh Twenty six thousand eight hundred and fifteen only) within 30 days from the date of the receipt of a copy of this order.
The opposite party is also directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) as compensation and Rs.10,000/-(Rupees Ten thousand only) as costs of the proceedings within 30 days failing which the complainant is allowed to recover the same from the opposite party and his assets.
Pronounced in open forum on this the 30th day of August 2018.
Sd/-Smt. Sheela Jacob (Member) :
Sd/-Sri.E.M.MuhammedIbrahim (President):
Appendix:-
Evidence of the complainant:-
Ext.A1 - Power of attorney
Ext.A2 - Agreement dated 03/09/2015
Ext.A3 - Subsequent agreement, dated 07/05/2016
Ext.A4 - Copy of Advocate Notice dtd 25/09/2017
Ext.A5 - Postal receipt dtd 25/09/2017
Ext.A6 - Acknowledgment card
Evidence of the opposite parties:-
Ext.C1series - Expert Commission report
//True copy//
By Order
Sd/-
Senior Superintendent
To
Complainant/Opposite parties/SF
Typed by: Br/-
Comped . by:
