Chandigarh

DF-II

CC/600/2023

RAKESH GULATI - Complainant(s)

Versus

HARJIT CONSTRUCTION COMPANY THROUGH ITS PROPRIETOR MR HARJIT SINGH ARORA SON OF MAHINDER SINGH - Opp.Party(s)

09 May 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	600 of 2023
Date  of  Institution	:	22.12.2023
Date   of   Decision	:	09.05.2024

 

 

 

 

 

1]  Mr.Rakesh Gulati son of Sh.B.L.Gulati, aged 51 years,

2]  Mrs.Renu Gulati wife of Sh.Rakesh Gulati son of Sh.B.L.Gulati, aged 51 years,

Both residents of H.no.252, Sector 43-A, Chandigarh

.... Complainants

VERSUS

Harjit Construction Company, H.No.528, Silver City Main, Zirakpur, SAS Nagar, Mohali, Punjab 140603, through its Proprietor Mr.Harjit Singh Arora s/o Sh.Mahinder Singh

.....Opposite Party

 

BEFORE:      MR.AMRINDER SINGH SIDHU,  PRESIDENT

                            MR.B.M.SHARMA             MEMBER

 

Present:-       Complainant in person

OP-Harjit Construction Company-Exparte.

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.), LLM, PRESIDENT

1]      The complainant has filed the present complaint pleading that an agreement Ann.C-1 was executed on 06.10.2023 with OP Company for construction of house on the plot owned by the complainants bearing No.PP450, Sector 108, Mohali Punjab.  It is stated that as per the agreement, OP Company was responsible for completing the construction within the agreed timeframe and budget. It is also stated that as per terms and conditions of the said agreement, the OP Company was to construct house on the said plot, complete in all respects and to handover the built-up house in habitable condition on or before 13.01.2024, all the pre-requisites related to complete the house like material, brands and makes, govt. levies, responsibility of owner and builder, common wall charges, payment plans and retention etc. were settled in the agreement.  It is submitted that OP was handed over the layout plan/map issued by the GMADA and the total area of the house i.e. 2830 sq. ft. was to be constructed by the OP for a total amount of Rs.53 lacs with no bifurcation discussed for kutcha work and interior work but the payment plan was bifurcated with a retention of 5% and penalty clauses for delays. It is also submitted that Kutcha work is defined as built-up of complete structure of residential property as per map including civil work of house including foundation, installation of door and window frames, piping work for electrical fittings, complete plumbing work including overhead and underground water storage tank preparation, sewerage pipe laying, waterproofing, termite treatment, water proofing, concrete flooring for tiling, etc, in order to start Interior works.

 

        However, OP did not follow the construction as per map/layout provided by the complainants and in order to cut the cost, the got the foundation dug only 3 ft deep whereas as per standard practice and drawing provided by architect, it had to go 3 ft below the Normal Ground Level, which was also reported to OP but to no avail. It is pleaded that it was hidden by OP that it has outsourced the complete structural civil work to the mason Mr.Raju Doman. The OP also not paid the amount to the neighours for the common wall agreed by it, which the complainant ultimately paid. The complainants had finalized Finoles, Astral. Supreme Ashirwaad brand sewerage pipes but OP used Kisaan which is approx. 10-18% cheaper than the Finolex. It is stated that in Plumbing also, OP has used Kissan CPVC pipes instead of Ashirwad at many places thereby causing financial loss to the complainants and Regal brand instead of Diplast at few places.  The width of Parapet wall on GF lintel has been kept at 4.5" size on 9" support wall instead of 9" wide without following architect's instruction and when the complainants objected, the OP demanded extra charges. The underground tank was not prepared at backyard as a result chamber could not be built; also instead of 9" thickness, OP got prepared the chambers of 4" thickness which is again a violation of technical process and the complainants got changed them to 9" thickness on extra expense.  The OP has not made platform on windows and started the brickwork after foundation, for which the complainant incurred extra charges. Further Water pressure test has not been done while laying water pipes as OP No.1 had not installed overhead water tanks as per plumber. The OP has wrongly installed rain water drain pipe in bedroom although that was to be done inside the pillar or outside the room and when pointed out by complainant, OP instructed his plumber to remove it, which required to be covered with masonry work; even at backyard washroom at GF, he did not install rain water drain pipe which again installed afterwards by complainant at his cost. The OP has done AC copper piping on expense of the complainants.  It is also pleaded that the OP has not done other important work like earthing, underground water tank, counter on roof top etc. It is further pleaded that the actual work done by the OP till June, 2023, when he abandoned the project completed was only to the cost of Rs.20,67,870/- against which an amount of Rs.30,98,739/- was received by the OP    (Ann.C-6), so the OP has received an excess amount of Rs.10,30,869/- (i.e. Rs.30,98,739 minus Rs.20,67,870/-). The complainant exchanged numerous communication with the OP to refund the excess amount charged by it but to no avail. Hence, this complaint has been filed by the complainant against the OP seeking directions to the OP to refund an amount of Rs.13,00,237/- with interest as well as compensation for mental agony, harassment and litigation expenses.

2]      The Opposite Party-Harjit Construction Company did not appear despite service of notice, hence it was proceeded against exparte vide order dated 22.02.2024.

 

3]      Complainants led evidence in support of their contentions.

4]      We have heard the complainant in person and have gone through the documents on record.

5]      From the submissions of the complainant and the documentary evidence especially the Agreement dated 06.01.2023 placed on record as Annexure C-1, it is observed that OP company had agreed to construct the subject house on the plot of the complainant i.e. Plot No.PP450, Sector 108, Mohali, Punjab for total covered area of 2830 sq. ft. @Rs.1872/- sq. ft. as per map approved by GMADA. It is also observed from the communications exchanged between the parties including legal notice.  It is relevant to mention here that OP has not completed the construction works as agreed vide Agreement Annexure C-1 and the complainant has to carry the balance work at his own expenses.  Therefore, it is observed that by not completing the work and receiving excess amount than the part work already done by the contractor i.e. OP amounts to deficiency in service and indulgence into unfair trade practice.

6]      Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte, which shows that the OP has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant qua OP have gone unrebutted & un-controverted.

7]      In the light of above observations & findings, the present complaint deserves to succeed against the OP.  Accordingly, the present complaint is partly allowed against OP.  The OP is directed to refund the excess amount of Rs.10,30,869/- (i.e. Rs.30,98,739 minus Rs.20,67,870/-) to the complainant on account of deficient services and unfair trade practice as a result the complainant has to suffer financial loss, harassment and mental agony.  

        The above said order shall be complied with by the OP within a period of 90 days from the date of receipt of copy of this order.

 

8]      The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.   

Announced

09.05.2024                                                                    

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER