IN  THE  CONSUMER  DISPUTES  REDRESSAL  FORUM,  KOLLAM

            Dated this the    1^st  day of December  2018

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

      Sri. M.Praveen Kumar,Bsc, LL.B ,Member

       CC.No.150/18

Mr.Rajagopalan                                          :         Complainant

Kairali, Thrikkanamangal

Kottarakkara P.O

Kottarakkara Village

Kottarakkara Taluk

[By Adv.Bijeesh.S.Pillai]

V/s

1. Managing Director                                      :         Opposite parties

M/s Alia Formtech Steel Industries  

Kannamkodu, Adoor

Pathanamthitta Dist.

Kerala-691523

2. Mr.K.R.Shajahan

        Managing Director

      Alia Form Tech Steel Industries

       Building No.137/3

        Opposite Kottamukal Juma Masjid

         Kannamkodu, Adoor

         Pathanamthitta-691523.

FAIR ORDER

E.M.MUHAMMED IBRAHIM , President

                This is a consumer complaint filed under section 12 of the  Consumer Protection Act.

          The averments in the complaint in short are as follows:-

          The 1^st opposite party is an industry  engaged in steel fabrication and roofing systems and carries on business in Kannamcode, Adoor Taluk.  The 2^nd opposite party is the Managing Director  of the 1^st opposite party industry.  The complainant   entered   into  a  contract   with   the  2^nd  opposite  party  for  the

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construction of his terrace roofing works due to avoid leakage of concrete roofing of his house.  The 2^nd opposite party made  the complainant to believe that the leakage of the concrete roof of his house will be cured with the fabrication and complete erection of Royal Alia Rainbow Roofing System with a model “Alia Modular Cantleaver”.  As per the agreement the above said work consists of 575.5 sq feet and will be completed within 10 to 15 days and the total construction cost including labour and materials is Rs.1,67,900/-.  Out of  which the complainant had given advance of Rs.50,000/-  by way of cheque while executing the agreement.  On 3^rd May 2017 the project was almost completed and as per the demand of the opposite party the complainant had given a cheque  for Rs.1,13,900/- towards the balance amount to Mr.Ramesan Pillai the work supervisor of the 1^st opposite party who in turn has executed a cheque  acceptance  letter  to  the complainant.  Before receiving  the cheque for

the final balance the said work supervisor received altogether Rs.10,000/- in cash in 4 occasions and  there by the complainant paid the entire constructed amount to the 2^nd opposite party in time.  However the opposite parties carried out the work by utilising inexperienced labours and used low quality materials which has caused serious defects in the construction of roofing.  The defects in the construction were noticed by the complainant only when the 1^st raining on 28.05.17 and thereupon  the complainant made a complaint before the opposite parties.  At the very 1^st raining itself the entire rain water started to fall into the terrace and that oozed  into the rooms of the house and there by defeated the very purpose of roofing.  After  the roofing work was completed the complainant repainted the house  by spending 1.5 lakhs rupees.  But due to the leakage and continuous oozing of rain water the  new painting and cement plastering were fully destroyed.  The complainant  brought the above defects in the roofing  to the 2^nd opposite party and requested to cure the defects but in vain.  There after the  complainant  caused to sent lawyer notice dated 14.12.17

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requesting  to cure the defects in the construction of roofing.  But the opposite party has not responded the above complaint and lawyer notice nor even sent any reply.  According to the complainant there is clear negligence and deficiency in service on the part of the opposite parties and thereby the complainant sustained a loss of Rs.1,50,000/-.  Apart from the monitory loss, the complainant has sustained  physical harassment  and mental agony  and there by the complainant is entitled to get compensation to the tune of Rs.1,00,000/- . The complainant further prays for  refund of the amount of Rs.1,67,900/- paid to the opposite parties along with interest @ 8% p.a and costs.  Hence the complaint.

Notice issued from this forum has been served to the opposite parties but they have not turned up.  Hence the opposite parties were set exparte.

The complainant filed affidavit  by re-iterating the averments in the complaint and got marked Ext.P1,P2,P3, P4 series and P5 documents.  Ext.p1 is the agreement executed by the 2^nd opposite party  on behalf of the 1^st opposite party in favour of the complainant which would show that total construction costs of the  erection of Royal Alia Rainbow Roofing System with a model “Alia Modular Cantleave” is Rs.1,67,900/- out of which the 2^nd opposite party has received cheque for Rs.50,000/- as advance  on the date of execution of the agreement which is on 17.07.17.  Ext.P2 is the demand letter issued by the Manager of the 1^st opposite party  demanding to pay the  balance of Rs.1,15,900/- due on the above agreement.  Ext.P3 is the letter issued by  one Ramesan Pillai the supervisor  of 1^st opposite party company acknowledging the receipt of Rs.1,13,900/- from the complainant.  Ext.P4 series is the advocate notice send by the complainant intimating the defects of the roofing work done by the opposite parties and also demanding to set right the construction defects within 15 days from the date of receipt of  notice along with postal receipt evidencing  of   sending  lawyer  notice.   Ext.P5 is the postal acknowledgement

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card evidencing the receipt of lawyer notice.  The unchallenged averments in the affidavit coupled with Ext.P1 to P3,P4 series and P5 documents would establish the case of the complainant.  Therefore the complaint is only to be allowed.  In the result the complaint stands allowed in the following terms.

The opposite party No.1&2 are directed to set right the defect in the roofing construction  work to the satisfaction of the complainant within 30 days   from  the receipt of copy of this order failing  which the complainant is allowed to recover Rs.1,67,900/- paid to the opposite parties as construction costs with interest @ 9% p.a from the date of complaint till realisation from the opposite party No.1&2 and from their assets.

1. Opposite party No.1&2 are further directed to pay Rs.25,000/- as compensation and Rs.5000/- as costs of the proceedings to the complaint within 30 days.

If the opposite parties failed to comply with the direction No.1&2 the complainant is allowed to recover Rs.1,92,900/-(Rs.1,67,900+25000)  with interest @ 12% p.a from the date of complaint till realisation along with costs Rs.5000/- from the opposite party No.1&2 and from their assets.

          Dictated to the  Confidential Assistant  Smt.Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the     1^st day of  December 2018.         

E.M.Muhammed Ibrahim:Sd/-

            M.Praveen Kumar:Sd/-

          Forwarded/by Order

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INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1                  :         Contract Agreement

Ext.P2                  :         Letter

Ext.P3                  :         Cheque acceptance letter

Ext.P4 series        :         Postal receipt and lawyer notice

Ext.P5                  :         Acknowledgment card

Witness examined for the opposite party:-Nil

E.M.Muhammed Ibrahim:Sd/-

                                                                                  M.Praveen Kumar:Sd/-

                                                                                  Forwarded/by Order

                                                                                  SENIOR SUPERINTENDENT