IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MADIKERI

ORDER DELIVERED BY HON’BLE MEMBER

SMT. GOWRAMMANNI

1. This complaint filed under section 35 of Consumer Protection Act, 2019 The Complaint Prays the following relief against the opposite party:-

1. Directing the Opposite party to repair the Water Boat and ventilation or,
2. Reimburse Rs.81,000/-(Eighty One Thousand Rupees) which he has taken for Water Boat and bathroom ventilation.
3. Pay damages to the complainant of Rs.50,000/-(Fifty Thousand Rupees) for the mental agony,
4. Pass any such Orders deems fit in the above case in the interest of justice and equity.

2. Brief facts of the complaint of the complainant is as under;

1. The complainant has given contract to opposite party to do fabrication work of his house including all windows, car shed, front yard and bathroom ventilations of bathroom and staircase ladder etc., that total amount costing Rs.5,00,000/-(Five Lakh Rupees). The Opposite party used to collect money as soon as he finish part wise of contract work and complainant has given the money. Then the complainant has decided to install water boat to entire house so that rain water which falls on the roof tiles should drop on the water boat and at the end of the water boat a PVC pipe was installed. The complainant moved to the new House on May 14^th 2023. The complainant alleged in the complaint that it was summer there was no rain hence he did not find any fault on the work of the fabrication. Further he alleged that in the month of June Monsoon started and the complainant installed the Water Boat to front yard, Car shed, backyard and on First Floor. But the water which falls on tiles did not drop to water boat instead it started pouring inside the house. Since the opposite party did not install the water boat properly that the water boat was installed 2 inches away from the tiles hence the rain water instead of falling into the water boat it started pouring inside the house. The complainant called the OP several time to repair the same But the Opposite party kept promising repair it but did not repair the water boat thereafter he was stopped receiving calls from the complainant.
2. Further the Complainant alleged in their complaint all the Bathroom ventilation the opposite party took measurements and promised that he will design the grilling such a way that the exhaust fan will be easily fixed. That complainant after house warming got exhaust fan to each bathroom but he could not able to install it since the fabricated design was obstructing it. The complainant stated in their complaint that the opposite party did not come and repair it so he has suffered irretrievable loss and hardship and it has become permanent problem. The opposite party has not worked properly there is deficiency of service on the part of the Opposite Party. Hence this complaint.

3. After registration of the complaint, notice was issued to opposite party.  In spite of service of notice opposite party remained absent without sufficient cause.  Hence placed Exparte.
4. In this case complainant filed his examination-in-chief by way of affidavit evidence as CW-1 with 05 documents marked as exhibits C-1 to C-5. Complainant filed their written arguments. Heard the oral arguments of the complainant and posted for orders.
5. The points that would arise for our consideration are as under;
   1. Whether the complainant proves the deficiency in service by the opposite party and thereby he is entitled for the reliefs sought ?
   2. What order ?

6. Our findings on the above points are as under;

1. Point No.1 :- Affirmative
2. Point No.2:- As per the final order for  
   13031.  

R E A S O N S

1. Point No.1:-  In this case complainant has given contract to OP to do fabrication work of his house that total amount costing of Rs.5,00,000/-. That the house was almost complete then the complainant has decided to install water boat to entire house and he insisted to OP on best quality materials for water boat. The House warming date was fixed on 14/05/2023 and the fabrication completed the work by May-2023 and OP has taken the amount of Rs.81,000/- for the entire water boat work and ventilation work. The main dispute arise in the above case the opposite party did not install the water boat properly and also he was not properly fabricated all the bathroom ventilators He has took measurements and promised that he will design the grill but fabricated design was obstructed it.
2. Complainant counsel argued that in the month of June Monsoon when started the rain the water which falled in tiles did not drop to water boat instead it started pouring inside the house because the opposite party did not installed the water boat properly. Further they argued that it is very difficult to walk since the floor become slippery due to rain water and also bathroom ventilators were fabricated work was not properly designed the grill as such the complainant till date unable to install the exhaust fan and it is difficult to use the bathroom hassle free since the exhaust fan is not fixed.
3. Perused the contents of the complaint and affidavit evidence materials placed before the commission we carefully observed that exhibit C-1 and C-2 which was photo produced by the complainant Opposite party was installed the water boat 2 inch away from the tiles Hence the rain water instead of falling in the water boat it started pouring inside the house. For the above reason it is very difficult to walk since the floor become slippery due to rain water. OP has fabricated all the bathrooms ventilators he took measurements and design the grill complainant produced the photo copy of the bathroom window it is observed that the fabricated design was obstructing it. As per exhibit   C-1 OP has received the total amount of Rs.81,000/- for his fabricated work. But not yet comply the promise of the contract or finishing his work. In the bathroom ventilator window if it is cut the fabricated iron rod to install the exhaust fan the window will not be stable opposite party not yet bother about the contract of his work and he was not properly respond to repair the fabricated work it is clearly shows that opposite party made a deficiency of service to the complainant.
4. After the registration of the case opposite party has not yet appeared before the commission and not raised any objection to the complaint. It is clearly shows that the act and conduct of the OP is negligence and it is not sustainable. Complainant is proved his case with support of the documents we observed that opposite party failed to install the water boat work properly and also he was not yet completed the fabricated ventilation work properly. Without water boat installation complainant has definitely suffered lot of problems due to heavy rain and it has became permanent problem. For the aforesaid facts and circumstances we opined that Opposite party is liable to repair the fabricated work in the complainant house as soon as possible. If he was unable to repair the said work the complainant is entitled the amount of Rs.81,000/- from the opposite party. Opposite party cannot escape from their liability further complainant is entitled to Rs.5,000/- for mental agony, Rs.5,000/- for deficiency of service and Rs.5,000/- for cost of the proceedings from the opposite party. For the aforesaid facts and circumstances of the case we answer Point No.1 in affirmative.
5.  Point No.2:- From the discussion made above and conclusion arrived at, we pass the following order;

O R D E R

1. The complaint of the complainant under section 35 of Consumer Protection Act 2019 is allowed.
2. The opposite party is hereby directed to repair the water boat and fabricated bathroom ventilation work within 45 days from the receipt of this Order or If OP has not unable to repair the said work within 45 days refund the Rs.81,000/-(Eighty One Thousand Rupees Only)  To complainant from 12/03/2024   with 6% per annum and directed to comply the aforesaid order within 45 days from the date of receipt of this order.  Failing which opposite party is directed to pay interest at 12% per annum with said amount till the realization of this order.
3. The opposite party is further liable to pay the compensation of Rs.5,000/-  (Rupees Five Thousand only) towards  deficiency in service, Rs.5,000/- (Rupees Five Thousand only) for the mental agony and Rs.5,000/-  (Rupees Five Thousand only)  towards the cost of proceedings.
4. Copy of this order as per statutory requirements be forwarded to the parties at free of cost and file shall be consigned to record room.

 (Dictated to the Stenographer, transcribed, corrected and pronounced in the Open Commission on this 24^th DAY OF JUNE, 2024)

 (GOWRAMMANNI)                      (RENUKAMBA.C)                                                     

                      MEMBER                              PRESIDENT(I/C)    

Witnesses examined on behalf of the complainant

CW-1-  Mr. M.P.Nagaraj S/o Late M.G.Prakash

Documents marked on behalf of the complainant

Ex.C-1 : Payment Receipt

Ex.C-2:  Photos

Ex.C-3 : Photos

Ex.C-4:- Photos

Ex.C-5:- Photos

Witnesses examined on behalf of the Opposite Party:- NIL

Documents marked on behalf of the Opposite Party :- NIL

                                                                  (GOWRAMMANNI)

Dated: 24.06.2024                                         MEMBER