PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of March 2012
Filed on : 05-11-2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 616/2011
Between
N.S. Aboobacker, : Complainant
S/o. Sulaiman, (By Adv. Shiju Varghese,
Res. At Narangathu moola, M/s. P.F. Thomas Associates,
Kakkanad Kara, Pachalam, Kochi-12)
Kakkanad village,
Kanayannur Taluk, Ernakulam.
.
And
M.T. Satheesh, : Opposite party
Morickal house, (Absent)
Kalangatt road, Kakkanad kara,
Kakkanad P.O.,
Ernakulam-682030.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The complainant and the opposite party entered into an agreement dated 28-06-2011 for the construction of the residential building of the complainant. The main slab concrete, by RCC was held on 21-08-2011 and after completion of the concrete the opposite party demanded a sum of Rs. 30,000/- from the complainant. The complainant refused to do so since the opposite party had already received a sum of Rs. 1,75,000/- from the complainant. The opposite party acknowledged receipt of Rs. 1,29,200/- in a note book in his own hand writing. Apart from that he paid a total sum of Rs. 44,800/- to the opposite party. Subsequently to the utter dismay of the complainant it was found that the roof of his house was leaking. There is pertinent irregularities in the construction of the building. Thus the complainant is before us seeking the following reliefs against the opposite parties
i. to refund Rs. 50,000/- to the complainant as the excess
amount received by the opposite party.
ii. to pay Rs. 75,000/- for the reconstruction and
maintenance of the roof.
iii. to pay compensation of Rs. 20,000/- and Rs. 15,000/-
towards costs of the proceedings.
2. In spite of service of notice from this Forum the opposite party did not respond to the same for his own reasons. Proof affidavit has been filed by the complainant. Exts. A1to A5 and C1 were marked on the side of the complainant. Heard the counsel for the complainant.
3. The points that arose for consideration are as follows:
i. Whether the complainant is entitled to get refund of excess
amount of Rs. 50,000/- from the opposite party?
ii. Whether the complainant is entitled to get a sum of Rs.
75,000/- from the opposite party for the reconstruction and
maintenance of the building?
iii. Whether the opposite party is liable to pay compensation
and costs of the proceedings?
4. Points Nos. i&ii. At the instance of the complainant vide order in I.A No. 656/2011 dated 06-12-2011 an expert commissioner was appointed by this Forum to examine and report the present status of the building of the complainant. The report of the expert commissioner was marked as Ext. C1.
5. Indisputably the complainant and the opposite party entered into Ext. A2 agreement dated 28-06-2011 for the construction of the residential building of the complainant. Ext. A3 diary goes to show that the opposite party has received a sum of Rs. 88,500/- from the complainant. As per Ext. C1 the expert commissioner has categorically stated that a sum of Rs. 56,800/- is to be expended to rectify the defects of the building. Though the complainant contended that he had paid a sum of Rs. 1,75,000/- to the opposite party as per Ext. A3 the opposite party has received only Rs. 85,500/- from the complainant. In view of the above the complainant is entitled to get the amount as per Ext. C1 commission report.
6. Point No. iii. The opposite party rescinded from Ext. A2 agreement without issuing notice to the complainant. Moreover the opposite party has not responded to the notice issued by this forum. The above conduct of the opposite party amount to deficiency in service on his part for which he is answerable especially so since such controversies can be called back. Due to the above conduct on the part of the opposite party the complainant has had to suffer lot of inconveniences and mental agony. The opposite party is liable to indemnify the loss sustained by the complainant. We fix the compensation at Rs. 10,000/- and costs of the proceedings at Rs. 5,000/-.
7. In the result, we partly allow the complaint and direct as follows:
i. The opposite party shall pay to the complainant a sum of Rs. 56,800/- being the amount assessed by the expert commissioner in Ext. C1 report to rectify the defects of the building.
ii. The opposite party shall also pay to the complainant a sum of Rs. 10,000/- and Rs. 5,000/- towards compensation and costs of the proceedings respectively.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order, failing which the above amount shall carry interest at the rate of 12% p.a. till payment.
Pronounced in the open Forum on this the 31st day of March 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of building permit
A2 : Copy of agreement dt. 28-06-2011
A3 : Copy of hand book
A4 : Copy of lawyer notice
dt. 19-10-2011
A5 : undelivered Regd. letter.
Opposite party’s Exhibits : : Nil
