BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of May, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.15/2009

Between

Complainant : Thomas S/o Paily

Kochuparambil House,

Muthalakkodam P.O,

Thodupuzha.

(By Adv: Shiji Joseph)

And

Opposite Party : Gerorge S/o Verkey,

Karackattu House(Thondikuzhiyil),

Karikode,

Thodupuzha.

O R D E R

SMT.SHEELA JACOB(MEMBER)

The complainant entered in to an agreement with the opposite party on 14/07/2008 by which the opposite party had agreed to construct the house from the completed basement to painting within 140 days from the date of agreement for Rs.5,50,000/-. On 14/07/2008 an agreement was signed and an amount of Rs.1,00,000/- was received by the opposite party. They agreed to pay subsequently Rs.2,00,000/- on completion of the bricks work, Rs.1,00,000/- at the time of plastering. But the opposite party did not complete the work in full as agreed up and made delay in completing the work, the work was poor quality. The complainant has paid Rs.4,90,000/- on 23/10/2008, Rs.1,00,000/- on 7/11/2008 and Rs.50,000/- on 19/11/2008. For completing the remaining work, an amount of Rs.70,000/- more would be necessary. But the same was not completed as agreed up on. It was agreed to pay Rs.5,000/- as monthly compensation for delayed month. Inspite of repeated demands the opposite party has not cared to complete the work. The opposite party received an excess of Rs.70,000/-. Alleging deficiency in service against the opposite party, the complaint has been filed for compensation.
 

2. The opposite party is ex- parte.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
 

4. No oral evidence was aduced. Exts.P1 to P3 and Ext.C1 is marked on the side of the complainant.

5. The POINT:- Ext.P1 is the agreement dated 14/07/2008 executed by the opposite party undertaking to complete the work within 140 days from the date of agreement for Rs.5,50,000/-. As per Ext.P1, an amount of Rs.1,00,000/- was received on that date which also is included in the body of the agreement. As per the agreement, the opposite party has agreed to complete the work within 140 days. If the work could not be completed within 140 days, it was agreed to pay Rs.5,000/- as monthly compensation for delayed months. Ext.P2 is the copy of the bill dated 2/07/2008 for an amount of Rs.15,651/-. Ext.P3 is the copy of the bill dated 4/07/2008 for an amount of Rs.68,921/-. On 23/10/2008 Rs.4,90,000/-, on 7/11/2008 Rs.1,00,000/- and on 19/11/2008 Rs.50,000/- were paid. The complainant paid Rs.70,000/- in excess of the work done by the opposite party. The opposite party has not completed the work even after the receipt of the entire amount and the work already done is defective also. It is clear that the opposite party has committed deficiency in service by not completing the work even after the receipt of the entire amount. Therefore we held that the opposite party is bound to rectify the defect and to complete the work failing which the complainant is entitled for compensation for doing the work through other agency.

Coming to the merit of the case also, the Assistant Engineer attached to the Public Works Department was appointed as a Commissioner. She has filed a report, Ext.C1. In the Ext.C1 report shows that the construction work was very poor. The thickness of lintel, thickness of the roof slab provided were very minimum which could cause serious danger to the building. The cracks were developed. Therefore on an assessment of the report in this case we feel that there is deficiency in service on the part of the opposite party. The opposite party is bound to compensate the complainant for the deficiency.

In the result, the petition is allowed. The opposite party is directed to refund Rs.70,000/- as the excess amount along with Rs.25,000/- as compensation and Rs.2,000/- as costs to the complainant within 30 days failing which the amount shall carry 12% interest from the date of default.

Pronounced in the Open Forum on this the 30^th day of May, 2009.

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Sd/-

SMT. BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

nil

On the side of Opposite Parties :

nil

Exhibits:

On the side of Complainant:

Ext.P1 - Copy of agreement dated 14/07/2008

Ext.P2 - Copy of the bill dated 02/07/2008 for Rs.15,651/-

Ext.P3 - Copy of the bill dated 04/07/2008 for Rs.68,921/-

Ext.C1 - Commission Report.

On the side of Opposite Parties :

nil