Date of Filing      : 01.11.2021

                                                                                                                 Date of Disposal: 25.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

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

                 THIRU.P.MURUGAN,M.Com., ICWA(Inter)., B.L.,                                   ....MEMBER-II

  

CC. No.05/2022

THIS THUSDAY, THE 25st DAY OF OCTOBER 2022

 

Mr.V.Jayakumar,

65f, Sanjay Apartments, 

3rd Avenue, Bhanu Nagar,

Ambattur, Chennai 600 053.                                                       .........Complainant. 

                                                                          //Vs//

1.Mr.K.G.Ramesh,

    Maksvin Designing and Engineering,

    Korangod House, H Block,

    Kakkadampoyil Main Road,

    Idivanna Post, Peruvambadam,

    Nilambur Via, Malappuram District, Kerala State.

 

2.Mr.Alippu, 

    Parengal House, Near Chaliyar FHC, 

    Akambadam, Eranjimangad Post,

    Nilambur Via, Malappuram District.

    Kerala State 679 329.                                                                  ...Opposite parties.

 

Counsel for the complainant                                               :   Party in Person.

Counsel for the opposite parties                                        :   Mr.Q.Prakash Paul, Advocate. 

                         

This complaint is coming before us on various dates and finally on 07.10.2022 in the presence of complainant who appeared in person and Mr.Q.Prakash Paul Advocate,  counsel for the opposite parties and upon perusing the documents and evidences of both sides, this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

 

This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service on the part of the opposite parties in dissatisfied with the construction work undertaken by the opposite party along with a prayer total claiming Rs.8,00,000/- from them. 

Summary of facts culminating into complaint:-

 

The case of the complainant was that the complainant entered into a labour contract with Mr.Alippu the 2nd opposite party herein and the Engineer Mr.Ramesh K.G. the 1st opposite party in the month of June 2021. The area to be constructed was fixed at 2993 square feet at a cost of Rs.7.8 lakhs inclusive of all labour charges, concrete and bartending charges. The contractor visited the site before commencement of the project and all their expenses were met by the complainant.  By calculating their expenses they fixed an amount of Rs.260.60 per square feet of which they charged only 170-190 per square feet for normal work in Kerala.  Though agreement was signed by Mr.Alippu he did not come to the working site and only his son came and carried out the work along with Engineer. They came to the site without any tools and made the complainant to purchase all tools for construction. Necessary arrangements for accommodation and food for both workers and contractors were made out by the complainant on promise that said expenses would be deducted in the final expenses.  The contractor and engineer requested for special accommodation and assured that they would pay the rent.  A residential building was found and Rs.30,000/- was given as advance.  The contractors charged extra amount of Rs.200/- every day to each labour for their food.  There were 10 labourers in total, 4 workers were asmain workers and 6 helpers and the labour charges was very less though the labour charges was fixed and received from the complainant at the reate of Rs.1050/- and Rs.1200/-.  But they were paid only Rs.750/- and 950/- based on their level. By the completion of ground floor itself, the contractors had accounted for an expense of Rs.7,92,136/- which was more than the total sum i.e.7,80,000/- for construction of two floors as per the agreement.  The expenses were made by means of accepting cash and making the complainant to pay the expenses which were solely their scope, promising that those expenses would be incorporated in their account while making the final settlement.  On the day of ground floor concrete, the contractors eloped to their native without even paying the rent of their hired flat.  Before the completion of the work itself, the contractors had collected their profit by way of torturing and threatening about the stoppage of construction in between. Due to the act of workers instead of 40,000/- the actual renter, the complainant was made to pay more than Rs.1,00,000/-.  While doing the construction, the opposite parties had demolished few portion of the wall as they had asked inexperienced labours to do the brick work. When the complainant’s wife asked the contractors about the incompletion of work and the rent of their hired flat, they humiliated, misbehaved and insulted her using filthy language.  As they threatened about the stoppage of work the complainant was forced to give the entire amount as per their demand.  Other than collecting the profit in advance the contractors also availed salary and deducted Rs.2400/- per day.  The labourers were sent to native who took the tools purchased by the complainant.  The contractors left the premises on 04.08.2021 without any intimation and had also taken away the house hold materials. When the complainant made his father in law to request them at least to pay the rent they disagreed and misbehaved to him.  The contractors had blocked their contract numbers to avoid any further communication from the complainant related to the incompletion of work and loss incurred.  Police complaint was also given and the Sub Inspector of police contacted the contractors and asked them to come to Chennai to settle the complaint.  However the contractors reached the complainant in law‘s house and threatened them that they would use political influence and endanger the elderly couple if they receive any further calls from Ambattur Police Station.  Thus for the mental agony suffered by the complainant due to the act of the opposite parties the present complaint was filed alleging deficiency in service and for a claim of Rs.8,00,000/- from the opposite parties. 

Crux of the defence put forth by the opposite parties:-

The opposite parties filed version disputing the complaint allegations contending inter alia that the complainant’s father in law was in close acquaintance with the opposite parties as they earlier constructed and completed a house for them in a pacca manner.  Even the work of the opposite party was appreciated and a gold coin was presented to them. It was submitted that they had repeatedly refused to take up the house construction project at Chennai as it would be pragmatically difficult to execute the work in terms of interstate travel, accommodation, food, expenses, detach from family and various other factors. In spite of these factors explained to the complainant, he had persuaded the Opposite Parties that he would provide them with all requirements including the travel expenses, food, accommodation and other incidental expenses that would occur during their stay at Chennai. Hence the opposite parties had visited the Chennai working site to verify and understand their accommodation and working site etc., as the accommodation and food was agreed to be arranged by the complainant they returned to Kerala. Thereafter in consequence of the above consensus both the parties entered into an unregistered written construction agreement dated 17th June 2021 with certain terms and conditions.  After reaching the working site the complainant had miserably failed to arrange accommodation as agreed.  The opposite parties were not provided with good accommodation as agreed but instead forced to stay with the labours for few days. Moreover the complainant refused to pay the advance amount of Rs.3,00,000/- as agreed in the construction agreement.  Since the advance amount of Rs.3,00,000/- could not arrange by the complainant he and his wife started pleading with the opposite parties to work for daily wages basis. Finally considering the pathetic situation and the request made by the father in law of the complainant agreed to work for daily wages basis and the labour of the mason was fixed for Rs.1200 and Rs.1000 for the helper. Since the terms and conditions of the agreement was violated by the complainant and agreed for labour contract literally the agreement become infructuous and ineffective. The Opposite parties labourers were given the exact wages which would reflect from the documents submitted by the Complainant. Sometimes the Complainant would pay advance amount with the Opposite Parties and they would utilize the advance amount in paying the wages of the laborers. Due to issues of food, accommodation and health the labourers started to return to their home and the opposite parties completed the ground floor with the help of the labourers at Chennai to whom the complainant had paid directly.  It was informed that to the complainant that Mr.Alippu would not visit the work but his son only will work and all the technical knowledge and support would be given by him.  It was submitted that the opposite party never agreed that their accommodation and other expenses would be returned during final settlement.  The opposite parties were brought to Chennai with the promise and agreement that their accommodation and food would be arranged by the complainant. The allegations that Mr.Jiyad was not experienced and the Engineer works done with the assistance of structural engineer were false and concocted stories. Nowhere, it was admitted that the Opposite Parties would employ workers from Kerala. All the North Indian Labours were working with them for the past ten years. They are experienced and well equipped in the field of house construction. When the Complainant rescinds the contract arbitrarily and unilaterally he cannot take the shelter of the agreement. It was absolutely for daily wages the Opposite Parties and labourers were working. It is understood from the conduct of the complainant that he had rescinded the contract by purchase of all the construction materials, centering materials etc of his own. Wages were paid correctly in time. No labourers raised any such issues with the Opposite Parties. It was agreed by the Complainant before coming to Chennai itself that they would bear all the expenses like, travel, food, accommodation and other incidental and miscellaneous expenses for their daily livelihood. It is admitted that the communication was disconnected once the Opposite Parties realized that the cordial relationship with the Complainant would become sore and wide. Moreover Whatsapp chat message of the complainant became filthy and unparliamentary. No loss was incurred since the work was undertaken on daily wage basis and the Opposite Parties are the real affected persons as they could not complete their project at Kerala because of the violation of the construction agreement by the complainant.  The police complaint was not taken up by the Ambattur Police station as the matter of dispute was purely relating to Civil in nature.  Thus disputing all the allegations of the complainant the opposite parties sought for the dismissal of the complaint. 

The complainant has filed proof affidavit and documents Ex.A1 to Ex.17 were marked on their side.  On the side of opposite parties proof affidavit was filed and documents Ex.B1toEx.B3 were marked on their side. 

 

 

Point for consideration:-

Whether the opposite parties had committed deficiency in service in not acting in accordance with the agreement dated 17.06.2021with respect to the construction work undertaken by them and whether the said deficiency in service has been successfully proved by the complainant by admissible evidence?

If so to what reliefs the complainant is entitled?

Point No.1:-

On the side of the complainant the following documents were filed in support of the complaint allegations;

Labour contract agreement dated 17.06.2021 was marked as Ex.A1;

Quotation given by tMr.Sudhakar for the same construction work including foundation, structural work, elevation, head room and plastering dated 16.11.2020 was marked as Ex.A2;

Details of payment to the opposite parties was marked as Ex.A3;

Picture of rooms was marked as Ex.A4;

Screenshot of the whratsappchat by 1st opposite party requesting for structural drawing was marked as Ex.A5;

Screenshot of the whatsapp chat by 1st opposite party proving that they had accommodated in the rented flat on July was marked as Ex.A6;

Google Pay receipt for advance amount paid to the flat owner was marked as Ex.A7;

Google Pay receipt for the first part of profit (Rs.50,000) to the opposite parties was marked as Ex.A8;

Google Pay receipts for hiring centering materials was marked as Ex.A9;

Google pay receipt for the purchase of unwanted steel rings was marked as Ex.A10;

Google pay receipt for damage of centring materials was marked as Ex.A11;

Google pay receipt for paying wages to opposite parties even on the last day of their work was marked as Ex.A12;

Photos of the various foul works happened during the construction by the opposite parties was marked as Ex.A13;

Screenshot of the whatsapp chat by Mr.Ramesh admitting Mr.Jihad’s misconduct at the work site was marked as Ex.A14;

Screenshot of the whatsapp chart by Mr.Jiuad admitting the misbehaviour by himself and his father was marked as Ex.A15;

Screenshot of the whatsapp chart by Mr.Ramesh that he had thought of loosening the jacks which were supporting the building was marked as Ex.A16;

Screenshot of the humiliating whatsapp chart by 1st opposite party, Mr.Ramesh was marked as Ex.A17;

On the side of opposite parties the following documents were filed on support of their defence;

Photos were marked as Ex.B1to Ex.B3;

 Heard the oral arguments adduced by both the parties and perused the written arguments and material evidence produced by them.  To avoid repetition we restrict ourselves from elaborately discussing the contentions put forth by both the parties during the arguments.

The crux of the complaint allegations is that the opposite parties did not act as per the agreement entered between the complainant and the opposite parties and that the opposite parties had caused monetary loss, mental agony and hardship to the complainant. For the allegation of the complainant that they were made to spend extra amount for the accommodation and food for the contractors and labourers who were engaged from Kerala, the learned counsel appearing for the opposite parties answered that the same was agreed by the complainant even before the work was accepted by them.  The complainant had filed Ex.A2 the estimation given by some other builder for a similar work and the complainant also filed receipts for the payment made to the opposite parties towards hiring materials and purchase of steel rings.  Further the payment made by the complainant for the damage alleged to have caused by the opposite parties was also filed as Ex.A11.  The Google Pay receipt for paying wages to the opposite parties on their last day of working was filed as Ex.A12. The photos of the various foul works happened during the construction by the opposite parties was marked as Ex.A13.  Further the What App Status between the parties also produced and marked as evidence.  On the other hand the opposite parties had filed the basement photos of the building from where the opposite parties began the work was marked as Ex.B1. 

On perusal of the entire material evidences this commission is of the view that the nature of the dispute as alleged by the complainant against the opposite parties was contractual in nature and requires elaborate evidence by examination of the witnesses.  The same not possible before the Consumer Commission where the disputes were tried in a summary manner.  The allegations as to payment of money to the opposite parties and the amount alleged to have been spent by the opposite parties for the construction are all in dispute which could decided summary manner as it involves dispute regarding accounts in respect of various amounts.  In such facts and circumstances we are of the view that the complainant ought to have approached competent Civil Court to redress his grievance wherein examination of parties could be made and elaborate evidence could be let in.  Thus we hold that the alleged deficiency in service on the part of the opposite parties could not be decided by this consumer commission as it involves complected questions of facts and laws..  Thus this point is answered accordingly against the complainant.

Point No.2:

As we have not discussed about the merits of the case, the complainant is not entitled to any reliefs before this commission. Thus we answer the point accordingly. 

In the result, the complaint is dismissed.  No order as to cost.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 25th day of October 2022.

 

       -Sd-                                                                                                             -Sd-

MEMBER-II                                                                                                  PRESIDENT

 

 

List of document filed by the complainant:-

 

 

Ex.A1 17.06.2021 Labour Contract Agreement. Xerox

Ex.A2 16.11.2020 Quotation by Mr.Sudhakar for the construction work. Xerox

Ex.A3 .............. Details of payment to the opposite party. Xerox

Ex.A4 ................ Pictures of the room. Xerox

Ex.A5 .............. Screenshot of the whatsapp chat by 1st opposite party requesting for structural drawing. Xerox

Ex.A6 ................ Screenshot of the whatsapp chat by 1st opposite party providing that they had accommodated in the rented flat. Xerox

Ex.A7 ............ Google Pay receipt for advance amount paid to the flat owner. Xerox

Ex.A8 ............. Google Pay receipt for the first part of profit (Rs.50,000) to the opposite parties. Xerox

Ex.A9 ............ Google Pay receipts for hiring centring materials. Xerox

Ex.A10 ............. Google pay receipt for the purchase of unwanted steel rings. Xerox

Ex.A11 .............. Google Pay receipt for the pending amount to the hirer of jck boorwed by the opposite parties. Xerox

Ex.A12 ............. Google Pay receipt for paying wages to opposite parties even on the last day of their work. Xerox

Ex.A13 ............... Photos of the various foul works happened during the construction by the opposite parties. Xerox

Ex.A14 ............ Screenshot of the whatsapp chat by Mr.Ramesh admitting Mr.Jiyad’s misconduct at the work site. Xerox

Ex.A15 ............... Screenshot of the whatsapp chart by Mr.Jiyad admitting the misbehavour by himself and his father. Xerox

Ex.A16 ........... Screenshot of the whatsapp chat by Mr.Ramesh that he had thought of loosening the jacts which were supporting the building. Xerox

Ex.A17 .............. Screenshot of the humiliating whatsapp chat by 1st opposite party. Xerox

 

List of documents filed by the opposite parties:-

 

 

Ex.B1 .......... Basement photo of the building from where the opposite parties began the work. Xerox

Ex.B2 ........... Photos were the opposite parties forced to stay. Xerox

Ex.B3 ............ The portion of the buildng rectified by the opposite parties. Xerox

 

 

 

      -Sd-                                                                                                                  -Sd-

MEMBER-II                                                                                                     PRESIDENT