Date of Filing 03.01.2023

                                                                                                           Date of Disposal: 31.10.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                    …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                           ……MEMBER-I

CC.No.22/2023

THIS TUESDAY, THE 31^st DAY OF OCTOBER 2023

Mr.Manu,

No.17, Palani Street,

Ashok Nagar, Kovilpadagai,

Avadi, Chennai 600 062.                                                                         ......Complainant.

//Vs//

Impact Homes,  Rep.by Mr.Manigandan,

No.52, F1, Tejaneelu Towers,

Oragadam Road, Ambattur,

Chennai, Tamil Nadu 600 053.                                                          .…..Opposite Party.

Counsel for the complainant                                                 : Ms.V.Akshaya, Advocate.

Counsel for the opposite party                                             : Exparte.

This complaint coming before us on various dates and finally on 25.10.2023 in the presence of Ms.V.Akshaya, counsel for the complainant and the opposite party was set exparte for non appearance and non filing of written version and upon perusing the documents and evidences of complainant’s side this Commission delivered the following:

ORDER

PRONOUNCED BY THIRU.P.VINODH KUMAR, MEMBER-I

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite party with respect to the construction made by the opposite party along with a prayer to pay a sum of Rs.15,00,000/- towards compensation for the mental agony and hardship caused to the complainant due to the deficiency in service on the part of the opposite party and to pay a sum of Rs.5,00,000/- towards medical expenses and to pay a sum of Rs.1,00,000/- towards cost of the proceedings.

Summary of facts culminating into complaint:-

2. That the complainant engaged the opposite party to construct residential building on the plot measuring 2291 square feet at No.17, Palani Street, Ashok Nagar, Kovil Padagai, Avadi, Chennai 600 062.  The parties agreed with the rate of construction at Rs.1700/- per square feet.  The total construction cost is Rs.46,00,000/- and however the complainant had paid around Rs.52,00,000/- on various payment methods.  On 03.09.2021 the opposite party commenced the construction with Boomi Pooja.  After signing the contract, the opposite party informed that he had missed the calculation of a room and demanded Rs.5,00,000/- in addition to the construction cost.  Subsequently the complainant agreed to pay Rs.2,00,000/- to the opposite party. The payment for each stage has been provided properly before the completion of such stage.  The opposite party used normal bricks instead of wire cut bricks.  The materials used by the opposite party were all inferior quality.  The opposite party had used different colours of paints on the spots where rectification was made.  Several defects were pointed out by the complainant and asked to rectify the same.  The opposite party had not rectified the same inspite of repeated demands and requests.  The opposite party had committed deficiency in service and unfair trade practice. The complainant is left with no other option than filing this complaint before this Commission and hence the complaint.

3. On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex A12 were submitted. Though notice was served to the opposite party he did not appear before this Commission to file written version and hence he was called absent and set exparte on 26.05.2023 for non appearance and non filing of written version within the mandatory period as per statute.

4. Advocate Commissioner has been appointed to inspect the property along with Civil Engineer vide CMP.No.75/2023 and Advocate Commissioner’s Report was marked as C1 as Court Document.

Points for consideration:-

1) Whether there is any deficiency in service as alleged by the complainant against the opposite party has been successfully proved by the complainant with admissible evidence?

2) If so, to what reliefs the complainant is entitled?

 Point No.1:-

5. It is the case of the complainant that he had engaged the opposite party to construct residential house in his Plot No.17, Palani Street, Ashok Nagar, Kovil Padhagai, Avadi, Chennai 600 062.  The complainant had paid Rs.52,00,000/-towards construction cost.  Lot of defects were found in the newly constructed house by the complainant.  The following defects were noted

1. Normal bricks used by the opposite party;
2. Non ISI standard pipes were used;
3. Painted various colours in spots where correction was made;
4. Packing of the floor tiles and wall tiles was not done properly;
5. Doors are poor quality which are not weather proof;
6. Numerous visible cracks in the walls;
7. Water stagnation in bathrooms and balcony;
8. No proper ventilation in bath rooms;
9. Water dampness;
10. Water leakage;
11. Set back area plastering without tiles;

Inspite of repeated demands the opposite party had not rectified the defects.  Hence the complainant filed this complaint claiming compensation.

6. To prove the claim, the complainant deposed proof affidavit with 12 documents which were marked as Ex.A1 to Ex.A12.  Ex.A1 is the list of payments made to the opposite party by the complainant, Ex.A2 is the Bank Statement of the complainant issued by HDFC Bank, Ex.A3 is the Screenshots of Google-Pay transactions, Ex.A4 is the Screenshots of call history, Ex.A5 is the whatsapp messages, Ex.A6 is the photographs pointing out the defects in the house, Ex.A7 is the legal notice sent to the opposite party, Ex.A8 is the reply to legal notice by the opposite party, Ex.A9 is the Medical report of complainant’s wife, Ex.A10 is the construction Agreement, Ex.A11 is the cash receipt from impact homes and Ex.A12 is the Bills from Lakshmi sanitations.

7. Even after receipt of summons from this Commission, the opposite party had not appeared before this Commission to defend the case by filing written version.  Hence the opposite party was set exparte on 26.05.2023.

8. Ex.A1 is the list of payment made to opposite party by the complainant. Ex.A2 is the Bank Statements which reflects some of the payments made to opposite party.  Ex.A3 is the screenshot of Google-Pay transaction.  Ex.A4 & Ex.A5 is the screenshot of call history and whatsapp messages.  Ex.A6 is Photograph pointing out the defects in the house.  The above Exhibits clearly reflect the payments and transaction between the parties.  Ex.A4 &Ex.A5 revealed that the complainant had contacted the opposite party several times to rectify the defects.  On perusal of photographs marked as Ex.A6 revealed the defects in the house.

9. Even after repeated demands, the opposite party had not rectified the defects and hence he issued a legal notice to the opposite party to comply the demands made in the notice.  The said legal notice was marked as Ex.A7.  Ex.A8 is the reply notice by the opposite party denying the allegations of the complaint.  Ex.A9 is the medical report of complainant’s wife.

10. It is evidenced from Ex.A10 that the parties have entered a construction agreement dated 27.07.2021 by setting their own terms and conditions.  The construction has been commenced by the opposite party and not completed as per the terms and conditions of the construction agreement.

11. On perusal of Ex.A1 to Ex.A12 reveals that the construction of the house was not upto the mark as per the terms mentioned in the construction agreement dated 27.07.2021.

12. The report vide Ex.C1 filed by the Advocate Commissioner along with Licensed Surveyor clearly revealed that there are defects in the construction and an additional expenses of Rs.2,89,900/- could be incurred to rectify the defects in the construction.  On perusal of pleadings, exhibits and report of the Advocate Commissioner, we are of the considered opinion that that opposite party had not constructed the house as per the terms of construction agreement.  Moreover the defects were not rectified by him even after repeated demands form complainant.  The act of the opposite party amounts to deficiency in service and unfair trade practice.  This point is answered accordingly.

Point No.2:-

13. As we have held above that the opposite party had committed deficiency in service we inclined to direct the opposite party to pay a sum of Rs.2,89,900/-towards the cost to be incurred in rectifying the defects in the construction. Further we inclined to direct the opposite party to pay a sum of Rs.1,00,000/- towards compensation along with cost of Rs.10,000/- to the complainant. This point is answered accordingly.

In the result, the complaint is partly allowed against the opposite party directing 

a) To pay a sum of Rs.2,89,900/- (Rupees two lakhs eighty nine thousand and nine hundred only) towards the cost to be incurred in rectifying the defects in the construction as per the Advocate Commissioner’s Report;

b) To pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards compensation for the mental agony and hardship caused to the complainant due to deficiency in service;

c) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant;

d) The above order shall be complied with six weeks from the date of receipt of copy of this order, failing which amount in clause (a) shall carry interest at the rate of 6% per annum till the date of payment.

Dictated by the Member-I to the steno-typist, transcribed and computerized by him, corrected by the Member-I and pronounced by us in the open Commission on this 31^st day of October 2023.

    -Sd-                                                                                                                    -Sd-

MEMBER-I                                                                                                      PRESIDENT

List of document filed by the complainant:-

Court Document:-

      -Sd-                                                                                                                   -Sd-

MEMBER-I                                                                                                      PRESIDENT