On 26.10.2021 this complaint was fixed for admission hearing. The Ld. Counsel for the Complainant was present, who had advanced argument on the point of admissibility of this complaint.

The fact of the complaint is that in the last phase of 2020 it was the requirement of the Complainants for inside marble flooring with granite finish, wall putty with three coats complete bright white finish and unfinished plumbing works for both inside and outside at the residential flat of the Complainants situated at Premises no-24-117, Plot no-BD-189, action Area-I, New Town, P.S.- New Town, Kolkata-700156. The OP who claims to be a Civil Contractor and used to carry on business in the vicinity of New Town along with some other places under the name and style as Basudeb Bachhar Construction. Somehow the OP came to know about the requirement of the Complainants and accordingly approached to the Complainants and convinced them about the work experience and expertise of himself under the said partnership construction company. Ultimately the Complainants gave him the labour contract and it was scheduled that under the said labor contract Mr. Dipankar Bachhar, said to be the son of labor contractor namely Basudeb Bachhar will supervise the said work in accordance with the specifications of the scheduled contract of labor works of marble flooring with granite finish, inside wall putty with minimum three coats look like bright white all in the ground and first floor and unfinished plumbing fixtures and fittings works inside and outside the building premise. After few days of the work of the OP, the Complainants realized that the OP is inept and inexperienced in handling such small work and due to his lack of expected expertise and non-engaging sufficiently skilled technician and labor for marble flooring with granite finish work the Complainants started to suffer permanent damage with cracks developed on the floor marbles during flooring by the inept technicians and labors. The Complainants have promptly pointed out the same but the OP became arrogant due to his syndicate contact and started to misbehave with the Complainants, which caused tremendous hardship, harassment, mental agony and tension in their daily life and they have to face great financial loss.

As per the contract dated 04/05.01.2021  the OP had sought for 15 days time for completion all the works, but the Complainants were doubtful about the estimated time, inspite of this the OP was entrusted by the Complainant for completion of the entire works.  As the OP could not complete the works within the time limit, the Complainants allowed the OP total one month time for completion. Inspite of such extension the Complainants noticed that intermittently the OP had suspended the work without taking any permission from the Complainant and due to such suspension of work the Complainants have to face inconvenience to the great extent. In this manner extended time was already over. Again time was further extended for another one month, but the OP had failed to fulfill and complete the entrusted works. The Complainants realized and noticed that OP has no such skill and experienced labor and for this reason inordinate delay in finishing the entrusted work had been cropped up. The Complainant had to hire generator for two months instead of one month and for this reason they have incur Rs. 4000/- unnecessarily.

After few days the Complainants have engaged an expert contractor and entered into an agreement to complete the unfinished the incomplete works and it was agreed by and between the new contractor and the Complainants that this contractor with get labor charge @15/- per square feet, who will finish the incomplete works within three weeks. The Complainants have mentioned that after discussion with the OP-2 the new contractor was appointed and it was settled that the amount payable of unfinished works would be deducted as per the agreement from the total amount payable to the OPs. The Complainants have paid a sum of Rs.1,15,000/- to the Ops in total through online payment, A/C payee cheque and bearer cheques, but the OPs did not confirm as yet maliciously regarding payment of Rs.20,000/- , paid through bearer cheque, which was encashed from UBI/PNB, Newtown Branch, dated07.05.2021. The Complainants have also made allegation that the OPs have also fraudulently encashed Rs.46,418/- by stealing the cheque leaf of the Complainants, for which an FIR have been lodged with the Police Station, Newtown.

The Complainants have prayed for direction upon the OPs to refund the entire sum of Rs.1,65,836/- to them, cancellation of the business of the OPs and to pay litigation cost and compensation to them.

We have carefully perused the petition of complaint and heard argument advanced by the Ld. Counsel for the Complainants. It is seen by us that the Complainants have made allegation that the first contractor, as appointed by them for some marble works along with others had lack of experience and efficiency to do the said works as assigned by the Complainants. Further allegation is that inspite of undertaking given by the OP-1 to complete the entire works within 15 days; the Ops have miserably failed to complete the same. In this respect we are to say that this Ld. Commission has no authority to assess the experience and efficiency of a contractor and for such work the Op-1 had issued one quotation wherein the entire expenditure which should be incurred by the Complainants was specifically mentioned. Being satisfied with the said quotation the Complainants have entrusted the OP-1/Ops for such work at their residential premises. So at this juncture the Complainants cannot raise objection that the OP-1 had claimed excess amount from them. The second contractor was also appointed by the Complainants, who according to them more experienced and efficient than the earlier contractor. In this regard we are of the view this Ld. Commission is also not authorized to compare the two contractors in respect of their experience and efficiency in doing such work. It is written by the Complainants that after discussion with the OP-2 the second contractor was appointed and it was settled that the OPs will refund the excess amount to the Complainants i.e. the OPs are entitle to get the amount for the completed works only and the balance amount as paid by them to the OPs will be adjusted with the amount of the second contractor. There is no iota of document that at the time of appointment of the second contractor cognizance was sought for from the OP-2/OPs and the OPs were agreed for refund of the amount for unfinished/incomplete works. Moreover the Complainants have also prayed for cancellation of the business of the OPs, which also this Ld. Commission does not enjoy such power.

Therefore going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-307/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court for redressal of their grievance. If not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

 Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT