D.O.F:12/02/2022

                                                                                                  D.O.O:15/12/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD

CC.No.34/2022

Dated this, the 15^th Day of December 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Prince Jose Alilakuzhiyil

S/o A.P. Joseph, aged 39 years,

Private Company Employee,

Alilakuzhiyil House                                                             : Complainant

Chittarikkal (P.O), East Eleri,

Kasaragod- PIN 671326

(Adv. Mohammad Shafi & Avinash E.K)

                                                            And

1. Housejoy (Sarvaloka Services On Call Pvt.Ltd),

represented by its CEO and Managing Director Sanchit Gaurav

L-371 5^th Main Road, Opposite Liss Arcade, Sector 6, HSR Layout,

Bengaluru, Karnataka 560102

2. Sanchit Gaurav CEO and Managing Directors of
3. Housejoy  (Sarvaloka Services on Call Pvt.Ltd)

L-371 5^th Main Road, Opposite Liss Arcade, Sector 6, HSR Layout,

Bengaluru, Karnataka 560102

3. Housejoy (Sarvaloka Services On Call Pvt.Ltd),

represented by Jai Kishore, Hyderabad Office Head: Opposite Parties

No: 8-2-601/P/18, New No: 147, Ground Floor,

No: 10, Panchavati Colony Rd, Banjara Hills,

Hyderabad, Telengana PIN-500034.

4. Tibin Antony Vice President CEO and Founders officer of
5. Housejoy  (Sarvaloka Services on Call Pvt.Ltd)

L-371 5^th Main Road, Opposite Liss Arcade, Sector 6, HSR Layout,

Bengaluru, karnantaka 560102

ORDER

 SMT.BEENA.K.G   : MEMBER

Facts of the case:-

            The complainant is working in a Private firm in Hyderabad.  The Opposite Party No.1 is a company involved in a business on transaction of Villas.  Head office of the above company is at Bangalore.  The Opposite Party No.2 is the CEO and the manager of the Opposite Party No.1.  The Opposite Party No.3 is the operation head of the Thelungana Branch of Opposite Party No.1.  The complainant and his wife owns a house plot measuring 234 square yards situated at kardhanoor village pathancheru mandel.  The complainant decided to construct a Villa in the plot for which he arranged a joint home loan with his wife from PNB housing finance.  Due to his busy schedule and official responsibilities he was unable to handle the construction work of the house himself.  After seeing the Opposite Parties advertisement in the media complainant approached Opposite Party at their office at Hyderabad.  Based on the promises made by opposite party on reasonable construction rate, high quality materials and nationwide  marketing complainant decided to give the contract for designing the project management etc. to the opposite party  and delivery of the fully constructed house with an area measuring 1996 square feet for Rs. 34,02,136/-.  The complainant signed the agreement on 19/11/2020.  The Opposite Party promised that they will complete the work at the earliest.  On 08/09/2020 complainant paid an advance amount of Rs. 3,00,000/- .  The Opposite Party collected payments in various stages in the name of recurring materials and did not do anything till date to take the project forward.  The complainant had to pay over Rs. 2,00,000/- extra for the foundation of the house in an area with loose soil.  The company did not made payments to vendors after collecting money from the complainant.  Due to that the vendors were lining up at construction site, stopping the work and threatened the complaint.  The Opposite party did not made any attempt to solve these issues.  Neither they respond to mails and calls.  The complainant had given a total amount of Rs. 8,00,000/- to Opposite Parties at various occasions through online transaction.  The Opposite Party cheated many of its customers by fraudulent business practices.  And they registered cases against him across India.  The Opposite Party had committed deficiency in service by not doing the construction work as agreed upon time lines, not meeting quality standards and not utilizing funds collected from Customer in the construction.  Despite of remainders through e mails and calls there was no attempt to refund the amount.  Therefore the complainant is seeking a compensation of Rs. 20,00,000/- with interest and cost from Opposite Party .

            Notice to Opposite Party served but they remained absent, name of Opposite Party called, absent, set exaparte.

            The complainant filed proof affidavit in lieu of chief examination Ext.A1 to A7 produced are marked heard the complainant.

The question raised for consideration are

1. Whether there is deficiency in service and unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled for relief ?
3. If so what is the relief?

The complainant entrusted the construction of his house to Opposite Parties, who are well known construction group, for Rs. 34,02,136/-.  The complainant and Opposite Party entered in to an agreement on 19/11/2020.  On 08/09/2020 complaint made an advance paymet of Rs. 3,00,000/- .  It is made clear that the Opposite party will complete the work in the month of August 2021.  It appears to the complainant from the beginning that there is malafide intention to collect money in advance from customers and did not do anything to complete the construction.   The Opposite Parties had collected Rs. 8,00,000/- from the complainant.  The Opposite Party had committed deficiency in service by not doing the construction work as agreed upon timelines, not meeting quality standards and not utilizing funds collected from customer in the construction.  The Opposite Party cheated many of its customers by fraudulent business practices.  The complainant produced Ext A1 to A7 to prove his case.  Ext.A1 is the agreement dated 05/11/2020 executed between the complainant and Opposite Party No:4, Ext.A2 is the receipt voucher for Rs. 1,00,000/- given by the complainant to Opposite Party, Ext.A3 is the bank statement of account maintained with ICICI bank from 01/08/2022 to 31/03/2021, Ext.A3 is the e mail communication with the Opposite Parties complaining the non-execution of the house construction work, Ext.A4 is the email communications, Ext.A5 is the e-mail communications,  Ext.A6 is the photographs of the Skelton work of the house, Ext.A7 is the detailed estimates.  While perusing the documents and affidavit we are of the view that there is clear deficiency in service and unfair trade practice on the part of Opposite Parties.  In the absence of contra evidence Opposite Parties are liable to compensate the loss and mental agony undergone by the complainant. 

Therefore the complaint is allowed directing Opposite Parties to pay an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the complainant with a compensation of Rs. 2,00,000/- (Rupees Two Lakhs only) along with cost of Rs. 5000/- (Rupees Five Thousand only).

    The time for compliance is 30 days from the receipt of the copy of this judgment.

Sd/-                                                     Sd/-                                           Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Exhibit

A1: Agreement Dt: 05/11/2020

A2: Receipt Voucher

A3: Bank statement

A4: E mail Communications

A5: E mail communications

A6: Photographs

A7: Estimates

    Sd/-                                                    Sd/-                                  Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/