Andhra Pradesh

Visakhapatnam-II

CC/56/2013

Allaboyina Rajesh Kumar - Complainant(s)

Versus

Dhalayi Vasukumar, (Private Contractor) - Opp.Party(s)

Soppa Ashok Kumar

20 Jan 2015

ORDER

                                              Date of Registration of the Complaint:11-03.2013

                                                                                                Date of Order:20-01-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                          Tuesday, the 20^th day of January 2015.

                                 CONSUMER CASE No.56/2013

Between:-

1.Allaboyina Rajesh Kumar,

   S/o Late Veeribabu, Hindu, aged 32

   years, Working as CSE in HSBC,

   Visakhapatnam, R/at # 20-94-5,

   Gollaveedhi, Chengalaropeta,

   VISAKHAPATNAM.

2.Smt. Allaboyina Dhanalakshmi,

   W/o Rajesh Kumar, Hindu, aged 30 years,

   Private Employee, R/at # 20-94-5,

   Gollaveedhi, Chengalaropeta,

   VISAKHAPANAM.

….. Complainants

And:-

Dhalayi Vasukumar, S/o Lakshmana Rao

Hindu, aged 35 years, (Private Contractor),

R/at Door No.11-4-20/1, Kailash Nagar,

Gajuwaka, Visakhapatnam-530 026.

                                                                                         …  Opposite Party     

                     

          This case coming on 08.01.2015 for final hearing before us in the presence of Sri S. Ashok Kumar, Sri A. Bhaskara Rao and Sri Balvinder Singh Maan, Advocates for the Complainants and Sri T. Tulasi Ramesh, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

          (As per Sri. H. Ananda Rao, Honourable President, on behalf of the Bench)

 

1.       This consumer complaint is filed by the Complainants against the Opposite Party directing him to complete the left-over works according to the Agreement: 1) All Doors (Wood work and Frames) (raw-material given by the Complainants), 2) All Windows (semi-finished), 3) (Wood work, glass fittings and iron mess-grills, 4) Flooring with tiles not finished in one Room, 5) Front Door (A cash model), 6) Compound wall with Iron Gate, 7) Septic Tank and Sanitary Works, 8) Plumbing work, 9) Elevation Doom work, 10) Flooring with cement right round around corridor, 11) Electrical work including earthling, 12) Cupboards in all rooms, 13) Top pillar pedestals with plastering, 14) Basement for water tank, 15) Wash-basin with mirrors (in all rooms), 16) Decorated-Grill and Plastering of para-pit wall (semi-finished), 17) Stairs till road-opposite to main door (South side), 18) Flooring with tiles in both-rooms (2), Kitchen wall, Puja Room and 19) Sanitary ware fixing and plastering, to pay an amount of Rs.1,00,000/- (Rupees one lakh only) towards compensation, and to pay Rs.5,000/- (Rupees Five thousand only) towards Transportation & Telephone Charges and also Postal charges etc.

 

  2.     The case of the Complainant in brief is that they entered an agreement for construction of a House within 222 Sq. yards situated at Survey No.61/2, Rajupalem Village, Anakapalli Mandalam of Visakhapatnam District according to the Construction Agreement on 04.01.2012 for Rs.7,14,000/- (Rupees Seven lakhs and fourteen thousand only) with the Opposite Party who promised to finish a house within 5 months from the date of agreement and at that time they paid Rs.50,000/- as an advance agreeing to pay the remaining  amount in installments.   Wherein they have mentioned all the depths and drills of construction of building and using which type of the material in construction and that as per the agreement, they paid the necessary amounts from time to time to complete the House within time to the Opposite Party, but one reason or other, the Opposite Party postponed the construction on the ground that non-availability of raw-material, labour and other.

 

3.          That after interventions of elders and repeated demands made by the Complainants the Opposite Party again made an Agreement on 31.10.2012.  Wherein, they acknowledged receipt  of Rs.7,14,000/- + Rs.35,000/-, wherein, it is further agreed to pay an amount of Rs.60,000/- for pending works to be completed within 25 calendar days from the date of payment of enhanced amount of Rs.60,000/- for the conveniences to finish the pending works.   They arranged funs as taking loan from LIC and the loan payment monthly installments were deducted from his salary every month as Rs.8,500/- since 8.5.2012 and further at the time of agreement the second plan borrowed Rs.1,50,000/- by pledging their gold ornaments with Repco Bank.  

 

4.       The Opposite Party started the site work on 25.01.2012 it did not complete the construction has promised final to facilitate burden of the born them shifted to semi-finished a house work on 08.01.2013 and their living without basic facilities, amenities and the following works were to be done by the Opposite Party as per the agreement: 1) All Doors (Wood work and Frames) (raw-material given by the Complainants), 2) All Windows (semi-finished), 3) (Wood work, glass fittings and iron mess-grills, 4) Flooring with tiles not finished in one Room, 5) Front Door (A cash model), 6) Compound wall with Iron Gate, 7) Septic Tank and Sanitary Works, 8) Plumbing work, 9) Elevation Doom work, 10) Flooring with cement right round around corridor, 11) Electrical work including earthling, 12) Cupboards in all rooms, 13) Top pillar pedestals with plastering, 14) Basement for water tank, 15) Wash-basin with mirrors (in all rooms), 16) Decorated-Grill and Plastering of para-pit wall (semi-finished), 17) Stairs till road-opposite to main door (South side), 18) Flooring with tiles in both-rooms (2), Kitchen wall, Puja Room and 19) Sanitary ware fixing and plastering.   According to the estimation of their civil contractor all the works may be costs to complete about Rs.3,00,000/- approximately.    Hence, this Complaint.

 

5.       In respect of appearance of the Opposite Party, after receiving the notice, they have not filed their counter, though filed Vakalat for the reasons best known to him.

 

6.       To prove their respective cases of the Complainants, the 1^st Complainants filed his sworn affidavit and got marked Exs.A1 to A10.   On the other hand, no documents were marked for the Opposite Party.

 

7.       Ex.A1 is the Work Agreement between Complainants and the Opposite Parties dated 04.01.2012.  Ex.A2 is the New Agreement for enhanced amount between Complainants and the Opposite Parties dated 31.10.2012.   Ex.A3 Receipt No.15 amount of Rs.60,000/- by the Opposite Party in favour of the 1^st Complainant on 31.10.2012.   Ex.A4 is the photo copy of Gold-Loan Identity Card issued by Repco Bank in favour of the 1^st Complainant dated 01.10.2012.   Ex.A5 is the Photo copy of Gold-Loan Identity Card issued by Repco Bank dated in favour of the 1^st Complainant 19.04.2012.   Ex.A6 is the photo copy of Gold-Loan Identity Card issued by Repco Bank in favour of the 1^st Complainant dated 09.07.2012.   Ex.A7 is the photo copy of Gold-Loan Identity Card issued by Repco Bank in favour of the 1^st Complainant on 29.10.2012.   Ex.A8 is the Office copy of Statement of Account issued by the HSBC dated 26.04.2012 to 31.12.2012.   Ex.A9 is the Estimation List given by the Civil Contractor for completion of remaining works of the building.    Ex.A10 Photos with CD

 

8.       The Complainants filed his written arguments.

 

9.       Heard oral arguments of the Complainants.

 

10.     Now the point that arises for determination is:-

Whether there is any deficiency in service on the part of the Opposite Party and the Complainants are entitled for the reliefs of advance amount with interest, compensation and costs.

 

11.     As seen from record, it is an evident that the Complainants and the Opposite Party entered into an agreement for construction of the above referred house on 04.01.2011 with an understanding to complete within 5 months by paying an advance amount of Rs.50,000/- but having received the amount vide under Ex.A1, the Opposite Party has not completed the house as agreed within time, and that as per the intervention of elders it appears a new agreement was entered into in between the Complainants and the Opposite Party on 31.10.2012,   wherein the Opposite Party acknowledged that he received Rs.7,14,000/-+ Rs.35,000/-.   Under Ex.A2 it appears they further agreed to complete the pending works to be completed within 25 years calendar days from the date of payment of enhance amount of Rs.60,000/-.   Ex.A3 shows that the Complainants paid Rs.60,000/- on 31.10.2012 to finish the pending work by the Opposite Party.   However, it appears that the Opposite Party could not complete the woks has promised vide Ex.A2 even on receipt of the enhanced amount vide Ex.A3.  

 

12.     The record goes to show, in order to have their own house, the Complainants took loan from LIC housing and paying the amount under installments basis every month from his salary since 01.04.2012 vide Ex.A8.    Exs.A1to A7 shows, the 2^nd Complainant borrowed amount for pledging her gold, and both these amount comes to nearly Rs.7,88,000/-.      As seen from record, it is the admitted case of the Complainants that they have shifted to the semi-finished house on 08.01.2013.   Thus, it is as clear as seen from the evidence of the Complainants that at present they are in occupation of a house in question.

 

13.     Now the point for consideration is whether the Complainants took possession of the semi-finished house without any facilities and completion of construction is to be seen.   The evidence of the Complainant coupled with Ex.A1 to A10 in this regard is unchallenged.   Therefore, it can be held that the Opposite Party has not complied with the terms and conditions agreed vide Ex.A2.     According to the Complainants in order to complete the un-finished work the further required an amount of Rs.3,00,000/- which is to be payable by the Opposite Party.    To prove the same, they relied upon Ex.A9 styled to be termed as estimation approximately, which is not in any letter pad.    Further except signing the alleged estimator street name, town name nothing is born out from it.   As seen from Ex.A9 it is not known how the amounts were estimated, further the affidavit of the concerned has not filed to prove the same on a careful reading of Ex.A9 we are of the considered view that it is a self styled documents and therefore, it cannot be looked into, to come to a conclusion of the approximate estimation.

 

14.     Having  regard to all these facts and circumstances and for the reasons stated supra, we are of the considered view, instead of directing the Opposite Party to pay the amount as sought for by the Complainants, directing the Opposite Party to complete the unfinished works within a reasonable time, it would meet the ends of justice.    Accordingly, we hereby direct the Opposite Party to complete the un-finished works referred supra vide ex.A2 agreement within one month.

 

 15.    Whether the Complainants are entitled for compensation of Rs.1,00,000/- is to be considered.   It appears as seen from the evidence of PW-1 that the Complainants were compelled to approach the Opposite Party and therefore experienced a lot of physical strain besides mental agony and financial loss.   It is un-dispute fact that the Opposite Party did not refund the amount subscribed by the Complainant.   Naturally that made have put the Complainants to suffer some mental agony besides physical stress and strain.   In this view of the matter, we sincerely feel that it is a fit case to award compensation.   But that does not and cannot mean to say that the Complainants claim for compensation is acceptable.    Having regard to all these facts and circumstances, we are of the considered opinion, award and compensation of Rs.10,000/- would serve the ends of justice.   We therefore, proposed to award compensation of Rs.10,000/-,  in the circumstances of the case on hand. Accordingly this point is answered.

 

16.     Before parting our discussion, it is incumbent and imperative on our part to consider the costs of litigation.    The Complainant ought not have to approach this Forum had his claim for completion of their pending works or an amount of 3,00,000/- towards repair works  which was done by them or reliefs sought for have been honored by the Opposite Party within a reasonable time and in view of the matter, the Complainant’s claim for costs deserves to be allowed.   In our considered and unanimous opinion awarding a sum of Rs.5,000/- as costs would appropriate and reasonable.   Accordingly costs are awarded.

 

17.     In the result, Complaint is allowed, in part directing the Opposite Party: a) to complete the left-over works as per Ex.A2 i.e., 1) All Doors (Wood work and Frames) (raw-material given by the Complainants), 2) All Windows (semi-finished), 3) (Wood work, glass fittings and iron mess-grills, 4) Flooring with tiles not finished in one Room, 5) Front Door (A cash model), 6) Compound wall with Iron Gate, 7) Septic Tank and Sanitary Works, 8) Plumbing work, 9) Elevation Doom work, 10) Flooring with cement right round around corridor, 11) Electrical work including earthling, 12) Cupboards in all rooms, 13) Top pillar pedestals with plastering, 14) Basement for water tank, 15) Wash-basin with mirrors (in all rooms), 16) Decorated-Grill and Plastering of para-pit wall (semi-finished), 17) Stairs till road-opposite to main door (South side), 18) Flooring with tiles in both-rooms (2), Kitchen wall, Puja Room and 19) Sanitary ware fixing and plastering, to pay Rs.10,000/- (Rupees Ten thousand only) towards compensation and costs of Rs.2,500/- (Rupees Two thousand and five hundred only) to the Complainant.   Time for compliance, one month.

 

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 20^th day of January, 2015.

Sd/-                                     Sd/-                                             Sd/-

Male Member                      Lady Member                                 President

 

APPENDIX OF EVIDENCE

For the Complainants:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	04.01.2012	Work Agreement between Complainants and OP	Original
Ex.A02	31.10.2012	New Agreement for enhanced amount between Complainants and OP	Original
Ex.A03	31.10.2012	Receipt No.15 amount of Rs.60,000/- by OP	Original
Ex.A04	01.10.2012	Gold-Loan Identity Card issued by Repco Bank	Office copy
Ex.A05	19.04.2012	Gold-Loan Identity Card issued by Repco Bank	Photo copy
Ex.A06	09.07.2012	Gold-Loan Identity Card issued by Repco Bank	Photo copy
Ex.A07	29.10.2012	Gold-Loan Identity Card issued by Repco Bank	Photo copy
Ex.A08	26.04.2012 to 31.12.12	Statement of Account issued by the HSBC	Office copy
Ex.A09		Estimation List given by the Civil Contractor for completion of remaining works of the building	Original
Ex.A10		Photos with CD	Original

For the Opposite Party:-                                             

                                      -Nil- 

Sd/-                                     Sd/-                                               Sd/-

Male Member                       Lady Member                                   President