DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 27^th day of January, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.126/2007

Ramachandran Nair,

S/o.Kunjunni Nair,

Iruppassery,

Kavilpadu Post, Olavakkode,

Palakkad. - Complainant

(By Adv.C.Sreekumar)

Vs

Girishkumar,

S/o.Madhavan,

Electric fitter,

Palakkad Town Railway Station,

Palakkad. - Opposite party

O R D E R

By Smt.Preetha.G.Nair, Member

The complainant and opposite party entered into an agreement to construct a residential house for the complainant. As per the agreement the building will be completed. During the 1^st monsoon season the inner part of the concrete roof and all walls of the whole house became wet and water was leaking from different parts and minor cracks were developed on walls. The complainant reported this to the opposite party. Then opposite party came with two masons to make the repairs. But dripping continued during the rainy season. The house was not fit for occupation during the rainy season. Again in the next year rainy season water dripping started and all the walls were wet and the house was leaking. This was also reported to the opposite party many times. The opposite party promised to do necessary work but never turned up. As per the agreement, opposite party will do all the necessary repair works in his own expenses if the damage in construction happens within three years. According to the complainant, the opposite party has used inferior quality building materials and not used sufficient materials for the construction work. The above facts and poor workmanship has resulted in loss, injury, damages and mental agony to the complainant. So the complainant is claiming an amount of Rs.1,00,000/- (Rupees One

lakh only) for repair work or direct the opposite party to make repairs with the supervision of an expert and Rs.50,000/- (Rupees Fifty thousand only) as compensation and costs as deemed fit.

After admitting the complaint, notice was served to the opposite party for his appearance. Notice against opposite party unclaimed. Hence opposite party set exparte. Then the complainant filed an application to appoint an expert commissioner to inspect the defect in the house construction. Commission application allowed and commissioner visited the property and filed report.

Complainant filed proof affidavit along with documents. Ext.A1 marked on the side of complainant. Commission Report marked as Ext.C1. Matter heard.

The issues to be decided are;

1. Whether there is any deficiency of service on the part of opposite party?

2. If so, what is the relief and costs?

Issues 1 & 2: The definite case of the complainant is that the opposite party entered into a housing construction agreement with the complainant. The original agreement was produced and marked as Ext.A1. The complainant further stated that during the monsoon season the inner part of the concrete roof and all walls of the whole house became wet and water was leaking from different parts and minor cracks were developed on walls. The commissioner has noted the said defects and the commission report is marked as Ext.C1. In the commission report the commissioner stated that there were minor cracks on the walls, wall had dampened in the immediately preceding rain and the marks were there, the brick wall of the rooms is having dampness, the door frames of one is getting damaged and on the roof slab there was small heaps of sand and algae. It is seen that even after the receipt of the notice of the complaint opposite party has neglected to appear before the forum. The attitude of the opposite party will lead to the inference that what is stated in the proof affidavit of complainant is true. Since the opposite party has not appeared before this forum and filed any version, the evidence rendered by the complainant stands unchallenged. In view of the above circumstances, we are of the view that there is deficiency of service on the part of opposite party. In the result complaint is allowed.

We direct the opposite party to pay an amount of Rs.1,00,000/- (Rupees One lakh only) for repair work and Rs.1,000/- (Rupees One thousand only) as cost to the complainant. The order to be complied within one month from the date of communication of the order failing which the whole amount shall carry 9% interest from the date of order till realisation.

Pronounced in the open court on this the 27^th day of January, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Agreement executed between complainant and opposite party

Exhibits marked on the side of opposite party

Nil

Forum's exhibit

Ext.C1 – Commission report.

Costs (Allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost.