DOF. 30 / 11 /09 DOO. 25/6/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 25th day of June 2010 C.C.No.317/2009 Eswaran Namboodiri, Mangalath Illam, P.O.Chirakkal Complainant (Rep. by Adv.P.V.Shylajan) C.V.Ramadas, Fast Line Builders, Talap, Kannuar. Opposite Party O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section 12 of consumer protection act for an order directing the opposite partiers to pay Rs.4, 50,000/- as compensation to the complainant. The case of the complainant is that he had entrusted the reconstruction of his residential building as per agreementdated.10.11.08 to opposite party for an amount of Rs.8, 60,000/- with a condition to complete the work within 150 days. Later on, the amount was reduced to eight lakhs, since the finishing in the kitchen was avoided. As per the terms of the agreement opposite party has to purchase the entire material for construction. But the opposite party failed to do the entrusted work completely and the work done by opposite party was defective. Even though, the work has to be completed within 150 days, the opposite party failed to complete the work even after lapse of one year and he had abandoned the work also. /So the complainant had issued a lawyer notice to opposite party on 13.4.09 and there after lodged a complaint before the Valapatanam police station and the opposite party agreed to complete the work before 22.5.09 in the presence of S.I of police, Valapatanam Police station. On that day the complainant had given Rs.42, 176/- for painting and sanitary equipments and Rs.12, 967/- for fiber door. But the opposite party failed to complete the work before 22.5.09. As per the agreement the opposite party has to construct 8 columns but he has constructed only 3. The agreement is to make the column by using 16 m.m X 8 iron rode but the opposite party used 8.mm X 4 iron rode. Even though this columns are intended to construct since the existing house lacks foundation and to support the intended first floor. These 4 columns are constructed away from the house and it was attached with the building by further concreting. The reconstruction was against the plan approved .More over the following things has to be completed i.e. to lay tiles in bath room and lower varanda of the stair case. The door from varandha to central hall on the upstairs is not fixed, gas pipe is not fixed to the new latrine tank, door frame and door is not fixed to the entrance from kitchen to store room, the work of the concrete almirah is not completed. Above all the building construction has the following defects also. There is leakage from inside of the sunshade of bed room in ground floor, and also leakage in both bedrooms and bathrooms in the upstairs. The gap between the windows and grills are not filed up. There is gap in the door from ground floor to stair case. The switch board and box used are made up of wood instead of metals. In order to rectify and to complete the above work, the complainant has to incur more than 2 lakhs. The marriage of the son of brother of the complainant is intended to solemnize in this house. But it was solemnized at Kalyanamandapam. Because of these they cannot solemnized all the customs of the marriage prevailing in their community. The complaint had incurred Rs.15, 000/- for Kalyana Mandampam. The complainant had given Rs.7, 49,143/- already to the complainant. The complainant had spent Rs.43,850.97for tiles and 4 timber doors. Rs.10, 000/- has to be given to the complainant by the opposite party towards the room rent for his workers. So totally the complainant had given Rs.7, 49,143/- to the opposite party which will be more than that of the work done by the opposite party. Besides thus the complainant has to spend an amount of Rs.2, 00,000/- for completing and curing the defects. So there is deficiency on the part of the opposite party in completing the work and hence the complainant is entitled to get Rs.2,00,000/- towards the amount which is required for completing the work and Rs.2,50,000/- as compensation for mental agony. Hence the complaint. Upon receiving the complaint notice was issued to the opposite party and he had received the same. But he was absent and hence he was called absent and set exparte. The main point to be decided in the above case is whether there is any deficiency on the part of opposite party and whether the complainant is entitled to any relief. The evidence in this case consists of the chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 to A15. The case of the complainant is that he had entrusted the reconstruction work of his house to opposite party for an amount of Rs.8, 00,000/- and even though he had received Rs.7, 49,143/-, the opposite party has not completed the work, and the work done by the opposite party is defective also. In order to prove his case he had produced Ext.A1, photo copy of the agreement, A2, approved plan , A3series, photographs, 18 in numbers, A4. Copy of lawyer notice, A5 marriage invitation, A6 to A12 receipts for Rs.6, 92,176/-, A13. Invoice for rs.43, 850.97, A14 bill for Rs.12967/- and A15 Brochure of opposite party. The complainant has filed affidavit in support of his pleadings This along with the documents prove that the complainant had entrusted the construction work to opposite party and he had given Rs.7,48,993.97 to opposite party including some tiles and fiber doors. The complainant contend that it is required Rs.2, 00,000/- to rectify the defects in the work done by the opposite party. Due to deficiency of the work of opposite party he had suffered so much of mental as well as physical agony also. The opposite party even though received the notice from the forum; he has not even cared to appear before the Forum. This itself is deficiency on the part of opposite party. More over there is no contra evidence before us to disprove the case of the complainant. So we are of the view that there is gross negligence and deficiency on the part of opposite party in doing and completing construction work. The complainant contended that he requires Rs.2 lakh for completing the work and rectifying the defect. But he has not produced any documents or any statement of calculation from concerned expert to prove his contention. Any way he described so many defects to be rectified and incomplete work to be completed. So we came to the conclusion that for curing those defects and completing the work, he requires Rs.1, 50,000/. Regarding compensation, it is true that the complainant had suffered so much of mental as well as physical agony due to the act of opposite party. But he had contended that he had incurred Rs.15, 000/- to the Kalyana Mandapam, for conducting the marriage of his brother’s son since they are residing in Ernakulam. But no evidence is before us to prove that he had incurred loss. We assess Rs.5000/- as compensation for the mental and physical agony, he had suffered. He is entitled to get Rs.500/- as cost of the proceedings also. So the complainant is entitled to get Rs.1, 50,000/- as amount for rectification and completing the work, Rs.5000/- as compensation and Rs.500/- as cost and order passed accordingly. In the result, the complaint is allowed directing the opposite party to pay Rs.1, 50,000/- (Rupees One lakh fifty Thousand only) as amount required for rectification and for completing the work and Rs.5000/-(Rupees Five thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost to the complainant within one month from the date of receipt of this order. Failing which the complainant is at liberty to execute the order as per the provisions of consumer protection act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1, Photo copy of the agreement A2, Approved plan A3series, photographs, 18 in numbers A4. Copy of lawyer notice A5 Marriage invitation A6 to A12 receipts for Rs.6, 92,176/- A13. Invoice for Rs.43, 850.97 A14 Bill for Rs.12967/- A15 Brochure of opposite party. Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur.
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | |
