Date of filing : 05.10.2012
Date of order : 11.08.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.SC.,B.L. MEMBER- I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER -II
THURSDAY THE 11TH DAY OF AUGUST 2022
CONSUMER COMPLAINT NO. 60/2012
R. Jayanthi
W/o. D. Pugazhendi
Old No. 26, New No. 50,
Thoppasamy Koil Street,
Saidapet, Vellore,
Now residing at,
No.43, Durai Nagar,
Near Chittoor Bus Stand,
Tharapadavedu,
Vellore – 7. Complainant
-Vs-
B. Ramesh,
S/o. Boopathi,
No.298, R.G. Mullai Nagar,
Latteri Post
Katpadi Taluk,
Vellore District. …Opposite Party
Counsel for complainant : Thiru. L. Pandurangan
Counsel for opposite party : Thiru. M. Kulothungan
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
The complaint has been filed under section 12 of Consumer Protection Act 1986. Directing the opposite party to pay the compensation for the suffering physical and mental agony by way of damages Rs.1,00,000/- and to pay the excess amount of Rs.6,47,439/- with interest at 24Percentage per annum from the date of petition till the date of entire amount will be paid by the opposite party and to pay a sum of 1,500/- for 2 times legal notice expenses and to pay a sum of Rs.10,000/- as litigation expenses.
The case of the complaint is briefly as follows:
The complainant entered into an agreement with the opposite party on 12.12.2010 for construction of a house at Plot No. 43, Durainagar, Tharapadavedu, Vellore. The opposite party is a builder. The allegation of the complainant is that the opposite party not completed and hand over the building in time to the complainant. As per the written agreement and some of the building work was pending and not completed. Even after receiving the entire amount in excess from the complainant in view of the said agreement. The quality of the building and materials applied to the building by the opposite party are also not in accordance with the agreement. The opposite party delayed the construction of the building. Hence the complainant forced to complete his building work for engaging other workmen on his own cost the complainant has done the following works:
1. Inner stair case wooden hand rails cost Rs. 78,000-00
2. Tiles area not done at ground floor cost Rs. 75,600-00
3. Portico wall tiles cost Rs. 22,325-00
4. Portico grill gate cost Rs. 35,000-00
5. Cost of soak pit cost Rs. 2,170-00
6. Soori palagai cost Rs. 7,400-00
7. Paint works cost Rs. 37,500-00
Total cost Rs. 2,57,995-00
Further the following works has to be completed by the opposite party in terms of the agreement:
1. French window will fetch the cost cost Rs. 20,000-00
2. Rain water harvesting work cost Rs. 10,000-00
3. Parapet wall incomplete (this should
be 3 feet height but it was completed
up to 2 ¼ feet height and also 10 feet
long no work done) cost Rs. 15,000-00
4. Sump cost Rs. 11,000-00
5. Compound wall cost Rs. 84,000-00
Total cost Rs. 1,40,000-00
Hence, the above amounts computed together arrived at Rs. 3,97,995-00. The complainant further states that the opposite party received the excess amount in view of the agreement which comes to Rs. 2,49,444/- arrived as actual amount on his building work Rs.18,19,556/- for ground floor 1069.57 Sq. ft. For first floor 1356 Sq. ft Floor plus septic tank. But he received a sum of Rs. 20,69,000/- in view of the above calculation. The opposite party isliable to pay to the complainant a sum of Rs. 6,47,439/-. The opposite party has not completed the building work in quality which amounts to violation of agreement. Further it also amounts to deficiency in service and total dereliction of duty with unfair trade practice. The complainant put to mental and physical harassment and monetary loss. The complainant issued a legal notice on 30.05.2012. For which the opposite party gave a reply notice dated 11.06.2012 For which the complainant issued rejoinder notice on 07.07.2012. The opposite party had also gave an reply to rejoinder on 26.08.2012. But the opposite party till date not completed the construction of house in all response. Hence this complaint.
2. Written version of opposite party is as follows:
The opposite party denied all the allegations made in the complaint as false vexatious and invented for the purpose of filing this complaint.The opposite party had invested more than the amount paid by the complainant for the alterations suggested by the complainant and tiles were laid as per the instructions of the complainant apart from the condition of the agreement. The complainant had paid a sum of Rs.20,69,000/-. The opposite party states that the total amount is Rs.20,69,000/-complainant paid whereas the amount invested by the opposite party for the construction of the building for the complainant is Rs.26,07,425/-. The complainant is still having liable to pay to the opposite party Rs.5,38,425/-. The complainant is not consistent in his claim. The complainant had given different allegations in the complaint which were not found in the notice and rejoinder and the same will proved that the complainant has not come to this Hon’ble Commission with clean hands. The allegations in the notice and rejoinder and the replies to the same have to be taken into consideration. As per the agreement this opposite party had white washed with one coat of cement only and he done the same with Patti throughout and there is no provision to construct inner steps in the agreement. The complainant had wantonly included many items which are not found in the agreement and issued the notice and rejoinder with false allegations. He had completed the entire construction and interior decorations and thereafter only he had handed over the premises to the complainant and she had also performed house warming ceremony on 06.06.2011. The opposite party states that apart from the works mentioned in the agreement he had completed other works directed by the complainant and also other extra work as per the direction of the complainant. The complainant had altered the flooring area measuring 1200 Sq. Ft., from tiles to marble and deducted the tiles cost for the said area.The cost of the portico tiles was also deducted from the amount paid to this opposite party. The other items namely painting, rain water harvesting and inner items were not mentioned in the agreement and this opposite party is not liable to pay any amount for the same.The complainant had suppressed the real facts and issued the notice dated 30.05.2012 claiming Rs.3,02,995/- towards the excess payment.The opposite party is not liable to pay any amount towards the excess payment now claimed at Rs.6,47,439/-. Rs.1,00,000/- towards damages with interest etc., Onlythe complainant is liable to pay a sum of Rs.5,38,425/- to the opposite party. The opposite party is in no way liable to pay any amount to the complainant and there is no dereliction of duty with unfair trade business and deficiency in service on the part of the opposite party.Hence, this complaint is liable to be dismissed with exemplary cost of the opposite party.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A15 were marked. Proof affidavit of opposite party filed. Ex.B1 and Ex.B7 were marked. Written argument of opposite party filed. Written argument of complainant filed. Oral arguments of both sides heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what other relief, the complainant is entitled to?
5. POINT NOS. 1and2: The complainant entered into the agreement with the opposite party for the construction of her house on 12.02.2010. The time of frame for construction of house was within 9 to 12 months from the date of agreement. The all other subject are mentioned in the aforesaid agreement dated 12.02.2010. The complainant handed over the possession land to the opposite party. The opposite party also started the construction of the house. The allegation of the complainant is that he has not handed over the possession of the house within the time agreed in the construction agreement. Further he has not finished construction of the house in all respect, he also left out certain works. On the other hand the opposite party contended, that the complainant contracted the opposite party’s to do some other work. Apart from the work mentioned in the contract. Further he has also altered that flooring from tiles to marbleswhich also caused delay in handing over of the possession. Further he also alleged that the complainant is liable to pay a sum of Rs.5,38,425/-whereas the complainant also claiming that he has paid an excess amount of Rs.6,47,439/-. Admittedly the opposite party has constructed 1352 Sq.ft., in ground floor and first floor. The admitted rate of Rs.80,000/- for 100 Sq.ft., for ground floor and Rs.70,000/- for 100 Sq.ft., for first floor. The complainant has paid the entire contractual amount to the opposite party after deducting the tiles amount for the flooring it was agreed by the opposite party as well.Admittedly the opposite party did not complete the construction work within agreement time. Further he has not asked for any extension of time referring delay caused by the complainant. Even after the issuance legal notice he has not asked for extension of time. Further though he has claiming that the complainant liable to pay a sum of Rs.5,38,425/- in excess, but he fail to file counter claim in this regard. He simply raises this issue without any proof for the same.On seeing the photograph Ex.A13; we find that still there are works to be completed. Therefore we find that there is a deficiency in service executing the construction agreement on the part of the opposite party. Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.
6. POINT NO. 3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite party. The opposite party is hereby directed to pay Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost of the complainant. Hence, this Point No. 3 is also answered accordingly.
7.In the result this complaint is allowed. The opposite party is hereby directed to pay Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost of the complainant within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 11th August, 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-12.02.2010 - Copy of Agreement between the complainant and the opposite
Party
Ex.A2-30.05.2012 - Copy of legal notice issued by the complainant to the opposite
Party
Ex.A3-11.06.2012 - Copy of Reply notice issued by complainant
Ex.A4-07.07.2012 - Copy of Rejoinder notice issued by complainant
Ex.A5-26.08.2012 - Copy of Reply rejoinder notice issued by the opposite party
Ex.A6-28.01.2012 -Copy of Carbon copy of the complaint given by the complainant
to the police
Ex.A7-28.01.2012 - Copy of F.I.R. receipt given by the police to the complainant
Ex.A8-09.03.2011 - Copy of cash bill in the name of complainant Y Devi steel
furniture works, Vellore
Ex.A9-25.07.2011 - Copy of receipt given by the carpenter Venkatesan
Ex.A10 - Copy of third opposite party affidavit (Venkatesan)
Ex.A11 - Copy of third opposite party affidavit (G. Saminathan)
Ex.A12 - Copy of third opposite party affidavit (P. Karthi)
Ex.A13 - Photos with C.D
Ex.A14 - Copy of pocket note book maintaining payments and receipts
between
Ex.A15 - Copy of purchase receipts for marbles and others
LIST OF OPPOSITE PARTY SIDE DOCUMENTS:
Ex.B1-12.02.2010- Copy the Agreement for construction between complainant
and the opposite party
Ex.B2 - Copy of Account note book
Ex.B3-30.05.2012- copy of Notice issued by the complainant
Ex.B4-11.06.2012 - Copy of reply notice issued by the opposite party
Ex.B5-07.07.2012 - Copy of rejoinder notice issued by the complainant
Ex.B6-26.08.2012 - Copy of reply to the rejoinder notice issued by the opposite
party
Ex.B7 - Copy of the abstract filed along with the written version
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
