Tamil Nadu

StateCommission

CC/12/2019

Mrs. G. Jaya, - Complainant(s)

Versus

Mr. T.E. Santhana Kumar, Proprietor - Opp.Party(s)

M/s. M. Kamalakannan

16 Mar 2023

ORDER

Date of filing : 26.03.2018

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 600 003.

BEFORE    Hon’ble THIRU. JUSTICE  R. SUBBIAH           ::      PRESIDENT                       

                Thiru.R VENKATESA PERUMAL                     ::      MEMBER

 

C.C. No. 12/2019

                         DATED THIS THE 16^TH  DAY OF MARCH 2023

 

Mrs. G. Jaya,

W/o. Mr. V. Premkumar,

New No. 8, Old No. 47,

1^st Floor, Viswas Flats,

Jeevanantham Street,

Vinayagapuram,

Ambattur,

Chennai - 600 053.                                                                       ..Complainant.

- Versus -

Mr. T.E. Santhaka Kumar,

Proprietor,

 M/s JKV Foundation,

No.17/1, Anna Salai,

Thirumullaivoyal,

Chennai  - 600 062.                                                                  .. Opposite party.

 

Counsel for the complainant               :   M/s. M. Kamalakannan

Opposite party                                  :  Exparte

 

This complaint having come up for final hearing before us on 21.02.2023 and on hearing the Counsel for complainant and upon perusing the material records submitted by complainant and this Commission made the following:-

ORDER

Thiru. R VENKATESAPERUMAL, MEMBER

 

       The present complaint was filed by the complainant praying to direct the opposite party to finish the total pending works accepted by the opposite party and to pay a sum of Rs.2,00,000/- towards the physical strain and mental agony suffered by the complainant.

 

1.         The brief facts necessitating the filing of complaint:

          The case of the complainant is that he entered into a sale agreement with the opposite party on 01.09.2013 to purchase an extent of 323 sq. ft. undivided share of land as well as a construction agreement to construct a flat in first floor of the apartment marked as Flat No.F6 measuring 774 sq. ft. with one car parking to be put up in New No.8, Old No.47, Jeevanatham Street, Vinayagapuram, Ambattur, Chennai 600 053.  The complainant had paid the entire sale consideration as per the Agreement entered with the opposite party.  Pursuant to the same, a Sale Deed was executed by the opposite party on 30.06.2014 in favour of the complainant.  On 22.05.2015, the opposite party handed over the incompleted flat with a delay to the complainant.   But the opposite party has promised the complainant that he will finish the pending works within a specified period.  At the time of handing over of the flat a letter by listing out the pending works was given to the complainant.   But after that the opposite party has not turned up to finish the pending work, till date.

 

2.       The complainant sent several communications through e-mail apart from contacting the opposite party in person.     Whenever, the complainant asked about the  pending works, the opposite party told that he would finish the work within a short time.  On 12.9.2016, the complainant had issued a warning letter to the opposite party along with the other flat owners through their association (Viswas Flat Owners’ Welfare Association) regarding the pending work informing the opposite party that they are proposed to take against them.   

 

3.       After receiving the said warning letter on 26.9.2016, the opposite party had come to the flat owners’ Association office and executed an assurance letter stating that “pending works will be completed within a period of 3 months”.   But the opposite party had not turned up to finish the pending works, thus the opposite party had indulged in unfair trade practice.  The pending works which listed by the complainant is as follows:

1. Compound Wall
2. Safety Grill- 1^st Floor, 2^nd Floor, terrace safety grill door, entrance steps grill gate, water tank ladder etc.,
3. Reparing of Terrace weather proof laying which was done with bad quality
4. Motor installation as per commitment along with increasing depth 
5. Finishing of sump
6. Common 3 phase and single  EB Electrical connections
7. Meter Panel Door
8. Servant Bath room
9. Water and drainage connection
10. Property Tax to be paid till handovering date
11. Marking of car parking
12. Flooring of the area around the building

H

 

 

Hence, the complainant issued a notice on 03.02.2018 to the opposite party which was returned with postal endorsement as “Addressee not claimed”.  Hence, the complainant left with no other alternative, filed this complaint before this Commission seeking solution.   Hence, the complainant has filed this complaint before this Commission as stated supra.

 

4.       Though notice was served on the opposite party by way of paper publication, there is no representation for the opposite party.  Hence, the opposite party was set exparte.   Hence, this Commission is proceeded to impose the complaint exparte as follows.

 

5.       In order to prove the case, the complainant has filed proof affidavit along with 9 documents and the same have been marked as Ex.A1 to Ex.A9.

 

6.       The points for consideration before this Commission is:-

          1.       Whether there is deficiency in service on the part of the opposite party as alleged in the complaint?

          2.       If so, for what reliefs the complainant is entitled to?

 

7.       Point No.1:-

          The complainant has filed his written arguments and adduced his oral arguments.  The complainant submits that the he entered into a sale agreement with the opposite party on 01.09.2013 to purchase an extent of 323 sq. ft. undivided share of land as well as a construction agreement to construct a flat in first floor of the proposed building marked as Flat No. F6 measuring to an extent of 774 sq.ft with one car parking in New No.8, Old No.47, Jeevanatham Street, Vinayagapuram, Ambattur, Chennai 600 053.   Ex.A1 is the copy of Construction Agreement.   The complainant had registered the sale of the said flat on 30.6.2014 as per Ex.A2, by paying the entire amount as per agreement entered with the opposite party by availing loan.  Ex.A3 is the copy of Loan Sanction Letter.  On 22.05.2015, the opposite party handed over the incompleted flat with a delay to the complainant.  ExA4 is the letter of the opposite party with regard to the handing over of the flat to the complainant.  But the opposite party has promised the complainant that he will finish the pending works within a specified period.  Further, the opposite party handed over the possession with a handing over letter by listing out the pending works.   But after that the opposite party has not turned up to finish the pending work, till date.   The complainant made several communications through e-mail and in person.  Ex.A5 Series are the copies of email communications.  Whenever, the complainant asked about the  pending works, the opposite party has told her that within a short time he would finish the work. On 12.9.2016, the complainant had issued a warning letter marked as Ex.A6 to the opposite party along with the other flat owners through their association (Viswas Flat Owners Welfare Association) regarding the pending work and also about the action that they are proposed to take against the opposite party.  

 

8.       After receiving the said warning letter on 26.9.2016, the opposite party has come to their Association office and executed a Assurance letter marked as Ex.A7 stating that “ pending works will be completed within a period of 3 months”. But the opposite party had not turned up to finish the pending works, thus the opposite party had indulged in unfair trade practice.   The pending works listed out by the complainant is as follows :-

1. Compound Wall
2. Safety Grill- 1^st Floor, 2^nd Floor, terrace safety grill door, entrance steps grill gate, water tank ladder etc.,
3. Reparing of Terrace weather proof laying which was done with bad quality
4. Motor installation as per commitment along with increasing depth 
5. Finishing of sump
6. Common 3 phase and single  EB Electrical connections
7. Meter Panel Door
8. Servant Bath room
9. Water and drainage connection
10. Property Tax to be paid till handovering date
11. Marking of car parking
12. Flooring of the area around the building

 

9.       Finally, the complainant issued a notice on 3.2.2018 as per Ex.A8 to the opposite party which was returned with postal endorsement as “Addressee not claimed”. Ex.A9 is the returned cover.  The opposite party is legally obliged to construct and handover the apartment to the complainant as per the schedule found in the agreement.   Therefore, failing to comply the terms as clearly found in the agreement after receipt of amount by citing irrelevant reasons clearly amounts to deficiency in service.  Thus, we hold that the opposite party had committed clear deficiency in service and unfair trade practice and we answer point No.1 in favour of the complainant.

 

10.       Point No.2:-

As we have come to the conclusion that the opposite party has committed deficiency in service and unfair trade practice the complainant should be compensated.   Thus, the opposite party is directed to finish the total pending works as agreed by the opposite party and the complainant is entitled for a compensation of Rs.2,00,000/- for the mental agony suffered by the complainant along with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 26.03.2018 to till the date of realization and also, the complainant is entitled to the cost of Rs.25,000/- to the complainant.  Thus, we answer point No.2 in favour of the complainant.

In the result, the complaint is allowed in part.  The opposite party is directed to finish the total pending works in the complainant’s flat as agreed by him and also directed to pay a sum of Rs.2,00,000/- (Rupees Two lakhs only) towards mental agony suffered by the complainant along with interest @ 9% p.a. from the date of filing of the complaint i.e. on 26.03.2018 to till date of realisation and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) as cost to the complainant within a period of two months from the date of receipt of the order.

 

    R  VENKATESAPERUMAL                                                      R SUBBIAH     

                MEMBER                                                                  PRESIDENT

List of documents filed by the complainant:-   

Ex.A1	01.09.2013	Copy of Construction Agreement
Ex.A2	30.06.2014	Copy of Registered Sale Deed
Ex.A3		Copy of Loan Sanction Order
Ex.A4	22.05.2015	Copy of Flat Handover letter of the opposite party to complainant
Ex.A5	15.11.2015 to 23.02.2017	Copy of email complaints of the complainant to the opposite party
Ex.A6	12.09.2016	Copy of warning letter of the complainant to the opposite party
Ex.A7	26.09.2016	Copy of Assurance letter of the opposite party to the complainant
Ex.A8	03.02.2018	Copy of legal notice of the complainant’s Counsel to opposite party
Ex.A9		Copy of returned cover

 

 

 

R VENKATESAPERUMAL                                                                         R.SUBBIAH                        

             MEMBER                                                                                         PRESIDENT

 

 

KIR/TNSCDRC, Chennai/Orders/March 2023.