DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 24th day of April 2012
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 08/11/2011
(C.C.No.183/2011)
K.K.Venkittaraman,
S/o.Late M.V.Krishnayyar,
Sruthilayam,
Devi Colony,
Ambikapuram,
Palakkad 1 Village
Palakkad - Complainant
(By Adv.V.K.Venugopalan)
V/s
M.Nasar,
Proprietor,
Limras Engineering Works,
Puthupalli Street,
Palakkad Taluk - Opposite parties
O R D E R
By Smt.BHANUMATHI.A.K. MEMBER
The facts of the complaint is as follows:
The complainant is a senior citizen aged 79 years approached opposite party for fabricating the truss and roofing works at his house. The opposite party and his workers inspected the house of the complainant and demanded Rs.1,00,000/- for doing the work within a month by using standard materials. Accordingly on 5/7/10 the complainant paid Rs.1,00,000/- to the opposite party. Even after payment of full amount and several request the opposite party has not completed the work as promised. So that a mediation talk was going on. Opposite party demanded an amount of Rs.4,000/- and some materials cost Rs.20,000/- as the price of the iron has raised. The complainant accepted all these demands. The materials costs Rs.18,850/- and Rs.4,000/- were paid by the complainant to opposite party. The opposite party signed in an agreement which was framed by the mediators in which the opposite party agreed the amounts and materials as received. As per the agreement the opposite party agreed to complete the work on or before 27/5/2011. But opposite party has done only a part of the truss work and the promised work remain incomplete. The iron pillars became corroded due to exposure in sun and rain. Completing the work on the same corroded pillars will not long lasting. Stating all these facts the complainant sent a lawyer notice, but it returned as unclaimed. Moreover the opposite party has taken away the materials worth around Rs.10,000/- in a goods auto Registration No.KL-9-AA-2852 without considering the protest of the complainant.
So the complainant seeking an order directing the opposite party to return Rs.1,48,360/- with interest at the rate 12%, Rs.50,000/- as compensation with cost and take away the materials.
The notice to opposite party returned with an endorsement ‘unclaimed’ and set exparte.
Complainant filed affidavit and Ext.A1 to A6 marked. A commission was appointed and report was marked as C1.
Heard the party and gone through the documents on record.
Issues to be considered are
- Whether there is any deficiency in service on the part of opposite party?
- If so, what is the cost and relief ?
Issue No.1 & 2
Complaint is regarding the deficiency of service on the part of opposite party in fabricating the truss and roofing work at the house of the complainant receiving an amount of Rs.1,04,000/- and the materials worth Rs.18,850/- All these facts are evident from Ext.A1 to A3 documents. Earlier opposite party was agreed to complete the work for an amount of Rs.1,00,000/- within a month. Even though the complainant paid the whole amount in one time. But the opposite party has not completed the work as promised. In a mediation talk the opposite party again demanded Rs.4,000/- and materials worth Rs.20,000/- The complainant paid Rs.4,000/- and materials of worth Rs.18,850/- on the day itself i.e. on 17/5/11. Even after payment of the full amount and materials demanded by the opposite party, he has not completed the work. Only a part of truss work has done. The same also corroded and not useful for further construction. A commission was taken by the complainant and a detailed report also submitted. It is marked as Ext.C1. The complainant contents that the opposite party has taken away the materials costs around Rs.10,000/-. It is not clear that whether the transported materials included the materials purchased by the complainant on 17/5/11.
In Ext.C1 it is stated that “it was found that 16 numbers of M.S. Pipe posts and 6 trusses have been fixed. The posts and trusses are made of M.S. pipe and M.S. tubes which are not supposed to be used for standard quality work. Since the pipes and trusses are made of M.S. tubular pipes, not painted and roof sheets have not been provided, the entire structure have been corroded at all joints and hence unsafe from structural stability. Also many rafters have not been provided.” So that it is very clear from the above statements the work has not completed and the completed works are of no use as the entire structure have been corroded at all joints and hence unsafe from structural stability. The photographs with the report also reveals the same.
Ext.C1 includes an estimate for completion of work. But here the reason for incompletion of the work is not the insufficient amount paid by the complainant or delay in payments. The complainant paid whatever the opposite party demanded. Even after the payments are made the opposite party has not completed the work as promised.
From the above discussions we are of the view that there is clear deficiency of service on the part of opposite party.
In the result complaint allowed.
The opposite party is directed to pay an amount of Rs.1,22,850/- (Rs.1,00,000 + 4,000 + materials worth Rs.18,850/-) (Rupees One lakh twenty two thousand eight hundred and fifty only) and Rs.5,000/- (Rupees Five thousand only) as compensation and Rs.3,000/- (Rupees Three thousand only) as cost of the proceedings. The complainant is directed to return the materials to the opposite party on complying the order.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 24th day of April 2012.
Sd/-
Seena.H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Terms and conditons of work entrusted signed by opposie party
and given to complainant dated 17/5/11
Ext.A2 – Receipt for acceptance of materials dated 17/5/11 given by opposite
party
Ext.A3 – Cash bill dated 17/5/11 of Jawar & Co.
Ext.A4 – Visting Card of opposite party
Ext.A5 - Copy of Lawyer notice dated 4/10/11 sent to opposite party by
complainant’s advocate
Ext.A6 – Cover of Unclaimed lawyer notice.
Exhibits marked on the side of the opposite parties
Nil
Commission Report
C1 – Er.R.M.Nambiar
Cost Allowed
Rs.3,000/- allowed as cost of the proceedings.
