IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of October, 2017
Filed on 09.09.2016
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine. D. (Member)
In
CC/No. 293/2016
between
Complainant:- Opposite party:-
Smt. Niza Assis Sri. M.O. Santhosh
W/o Assis Kailash Bhavanam
Ashik Manzil Prayar Thekkum Muri
Kaduvinal P.O., Kaduvinal Muri Ochira Village
Vallikunnam Village Karunagappally Taluk
Mavelikara Taluk, Alappuzha Dt. Kollam District
(By Adv. R. Gopalakrishna Pillai)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant entered into an agreement on 3.10.2015 with the opposite party for completing the construction of the building at Vallikunnam Village in Re-survey No.644/16. As per the agreement complainant paid an amount of Rs.10 lakhs towards advance and paid the balance amount in the account of the opposite party. On 21.7.2016 complainant paid Rs.2 lakhs as final amount. During the time of construction the complainant was residing at abroad along with her husband. She reached the native place on 23.7.2016 and the opposite party handed over the key of the building to the complainant. Thereafter complainant came to see so many defects in the building. She demanded the opposite party to rectify the defects of the building, but on 4.9.2016 opposite party demanded additional amount fo Rs.2 lakhs for rectifying the defects and also threatened the complainant. Alleging deficiency in service on the part of the opposite party, the complaint is filed.
2. Notice issued against the opposite party was returned with the endorsement “not known”. Thereafter complainant filed petition for effecting substituted service and it was allowed. Substituted service was effected and complainant produced paper publication. The opposite party was absent. No representation made from the part of the opposite party hence the opposite party was set ex-parte.
3. The complainant also filed an interim application No.79/2016 restraining the opposite party from trespassing the property of the complainant and causing damage to the building therein. The IA was allowed.
4. The complainant filed proof affidavit and the documents produced were marked as Exts. A1 to A8 series. The expert commissioner examined as CW1 and his report marked as Ext.C1 and commission mahazor marked as Ext.C1(a).
5. The points for consideration are:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) If so the reliefs and costs?
6. According to the complainant, she entered into an agreement with the opposite party for completing the construction work of her house. The agreement produced and marked as Ext.A6. As per the agreement the estimated amount as per the plan is Rs.27 lakhs. According to the complainant she paid full amount to the opposite party. In order to substantiate this statement complainant produced the bank receipts which marked as Ext.A8 series and the receipt issued by the opposite party which marked as Ext.A7. The main allegation of the complainant is that the building constructed by the opposite party has so many defects and she asked the opposite party to rectify the defects, but so far the opposite party had not turned up. In order to substantiate this allegation the complainant’s power of attorney holder filed a commission application and the expert commissioner was appointed and after executing the work he produced the commission report which marked as Ext.C1. In the expert commission report the expert noticed so many defects in the building constructed by the opposite party. According to the expert in order to rectify the defects, complainant has to incur Rs.7 lakhs more. While giving evidence before the Forum by the expert commissioner he deposed that before executing the commission he had given notice to both parties. It is pertinent to notice that opposite party has not filed any objection to the commission report. From the documents produced by the complainant it is clear that the construction done by the opposite party is defective and it caused much mental agony and financial difficulties to the complainant.
In the result, complaint is allowed. The opposite party is directed to rectify the defects of the building at free of cost to the satisfaction of the complainant within 2 months from the date of receipt of this order. Failing which the opposite party is directed to pay Rs.7,00,000/- (Rupees seven lakhs only) to the complainant with 8% interest per annum from the date of complaint till realization. The opposite party is further directed to pay Rs.5,000/- (Rupees five thousand only) towards compensation and Rs.3,000/- (Rupees three thousand only) towards costs of this proceedings to the complainant.
Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in open Forum on this the 31st day of October, 2017.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine. D. (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Visiting card
Ext.A2 - Brochure
Ext.A3 - Copy of the plan and estimate
Ext.A4 - Photo of the building
Ext.A5 - Photo of the furniture
Ext.A6 - Agreement
Ext.A7 - Receipt for Rs.10 lakhs dated 3.10.2015
Ext.A8 series - Copy of the receipts (4 Nos.)
CW1 - Expert commissioner (Court witness)
Ext.C1 - Commission report
Ext.C1(a) - Mahazir
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F
Typed by:- Br/-
Compared by:-
