By Smt. Beena. M, Member
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are given below:- The case of the Complainant is that he is a government employee working at the District Employment Office, Kottayam, While the Complainant planned to construct a new house, the Opposite Party, knowing it approached the Complainant and told that he is an expert contractor in the construction field, he had built a number of houses in the last so many years as per plans and he had shown some photos and videos to the Complainant. The Opposite Party promised that, if the Complainant entrust him the construction works of the building of the Complainant, he will build it with full guarantee of good quality and accuracy. Thereafter on 16/9/2020, the Complainant and the Opposite Party had entered into a building construction agreement. But contrary to the earlier promises, the Opposite Party had hired highly unskilled workers and obtained major portion of the estimated amount even before the completion of the first floor. After the completion of the work, during the rainy season of 2021 it was found that there was leakage in the ceiling of the bedroom and some other places. Moreover, in the month of February 2021 leakage problem occurred all over the ceiling. There is water leakage from the roof of balcony. The poor quality of work and negligence on the part of the Opposite Party has caused defects in construction. Then the Complainant approached the Opposite Party telling about the condition of the house and asked the Opposite Party to do the necessary things to cure the defects and stopping the leakage. The Opposite Party then tried to make believed the Complainant that after completion of plastering, the leakage will stop. However, even after finishing the plastering works, the leakage continued. The poor quality of work and deficiency in service and unfair trade practices have caused the damage and difficulties like this to the Complainant. The Complainant approached the Opposite Party several times, directly and through mediators, and requested to cure the defects. Even after several requests the Opposite Party was not ready to cure the defects. Hence this complaint. The Complainant prays to direct the Opposite Party to cure all the defects or to pay Rs.3,00,000/- to the Complainant and allow compensation of Rs.1,50,000/- towards deficiency in service and unfair trade practices and Rs.50,000/- towards mental agony and difficulties happened, and Rs.5,000/ towards cost of the petition.
3. After receipt of notice, the Opposite Party did not appear before this Commission and did not file any version and therefore the Commission set him ex-parte.
4. Proof affidavit was filed by the Complainant and examined as PW-1 and the construction agreement produced was marked as Ext. A-1.
5. The Opposite Party remained ex-parte all along the proceedings which amounts to admission of the allegations made in the Complaint. So we have to believe the evidence of the Complainant. Therefore, the Complainant has proved the deficiency in service in the construction of the house on the part of the Opposite Party. Hence the Complainant is entitled to get compensation and cost.
In the result, the complaint is partly allowed. The Opposite Party is directed to rectify the defect in the construction to the satisfaction of the Complainant within 30 days from the date of this order, failing which the Complainant is allowed to recover Rs.3,00,000/- (Rupees Three Lakh only) the amount required for rectification work with interest at the rate of 9% p.a. from the date of complaint till realization. The Opposite Party is further directed to pay Rs.50,000/- (Rupees Fifty thousand only) as compensation and Rs.10,000 (Rupees Ten thousand only) for mental agony and Rs.4,000 (Rupees Four thousand only) as cost of the proceedings to the Complainant within 30 days from the date of this order. Otherwise the amounts will carry interest at the rate of 9% p.a. till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of March 2022.
Date of filing:09.11.2021.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the complainant:
PW1. Shiju Mohan Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Construction Agreement. dt:16.09.2020.
Exhibit for the Opposite Party:
Nil.
