D.O.F.16.08.2011

                                        D.O.O.01.12.2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

       Present:   Sri. K.Gopalan                 :    President

             Smt. K.P.Preethakumari  :     Member

             Smt. M.D.Jessy                :     Member

Dated this the 1^st     day of December    2012

C.C.No.252/2011

C.Sivasankaran,

‘Manasi’,

P.O.Valapattanam.

Kannur 670 010                                                Complainant

(Rep. by  Adv.B.P.Saseendran) 

M.T.Shinedas,

S.O.Govindan,

Kalliyani,

Mayichamkunnu,

P.O.Valapattanam,

Kannur 10.

 (Rep. by Adv.Pramod Krishnan)                       Opposite party

O R D E R

Sri.K.Gopalan, President

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to rectify the defects of the construction of  1^st floor of complainant’s house together with compensation for the loss sustained by him.

          Entrustment of construction and other work of 1^st floor of complainant’s house with other renovation work and the connected agreement executed between the complainant and opposite party have been admitted by opposite party. Opposite party denied the allegations of complainant regarding leakage and all.     

          Expert commission was taken out and he submitted detailed report after inspection with an assessment that the reason for leakage is mainly due to the poor workmanship.

          Complainant filed chief affidavit in lieu with his pleadings. The attempt of the Forum to solve the issues by settlement during the trial materialized and thus parties filed memo of settlement agreeing the following terms.

1. Opposite party agreed to concrete the leaking roof slab of the complainant’s house by using baby jelly, cement, sand and other required materials so as to rectify the leak completely within three months  from 30^th November 2012.
2. Opposite party agreed to give 5 years guarantee for the above said concrete work and in case any leak is caused roof with aluminum sheet will be provided.
3. Opposite party agreed to do the maintenance work for the protection of the building in connection with the new concrete work. Opposite party has to bear the expenses for the same.
4. Whenever it is required any signature for the purpose necessary documents or application, complainant is bound to give the signature.

Since the parties are agreed the above terms we are hereby ordered  both parties that the above said terms are legally bound to both parties.

     In the result, the complaint is allowed directing the opposite party to rectify the defects of the construction of complainant’s 1^st floor as agreed above, based on the memo of settlement within three months from 30^th November 2012, failing which the complainant is at liberty to execute this order as per the provisions of consumer protecti9on Act.

    Sd/-                      Sd/-                    Sd/-   

        President               Member                Member

        / forwarded by order/

                                                                                      Senior Superintendent

Consumer Disputes Redressal Forum, Kannur