THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 2nd DAY OF MARCH, 2023
APPEAL NO.966/2017
PRESENT
SRI RAVI SHANKAR, JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI, MEMBER
Shri Pradeep Maruti Govekar,
Age: 38 years,
Occ: Civil Engineer & Contractor,
R/o Near Brahmakatta, … Appellant/s
Shivajiwada, Kodibag,
Karwar
(By Sri.J.Paravaiah, Advocate)
V/s
Shri.Purnanand Venkatesh Bhat,
Age: 66 years, Agriculturist
R/o. Matakeri, Taluka: Ankola … Respondent/s
Dist: Uttar Kannada
(By Sri.Prashant.T.Pandit, Advocate)
O R D E R
BY SRI.RAVISHANKAR, JUDICIAL MEMBER
The Opposite Party in complaint No.80/2015 preferred this appeal against the order passed by the District Consumer Commission, Uttar Kannada at Karwar which directed this Appellant/ Opposite Party to pay an amount of Rs.6,89,496/- with interest @ 9% from the date of legal notice along with court fee of Rs.5,000/- and submits that the complainant had filed a complaint before the District Consumer Commission alleging deficiency of service against the appellant for not constructing the slab and beams as per the blue print provided by Kalyani Yojana Architects and Interior Designer. This appellant had after receiving the amount towards the construction had completed the work as per the blue print given by the complainant. The said construction also constructed under supervision of the complainant himself and plan provided by the complainant himself. He has constructed the entire ground floor of the building pillars, beams, flat slab and casted flat slab as per the plan only. The first floor slab roof consists of three types of slabs viz. flat slab, slope slab and curve slab. The Opposite Party did not construct slope slap beams and curve slab as he do not know the drawbacks, defects or lacunas said to have been existed in the said beams and the slope slab. After completing the construction, the complainant alleged unfair trade practice and claimed for a compensation to the tune of Rs.6,89,496/- without any basis. In fact, the complainant has filed false complaint claiming unlawful claim without any basis and in order gain wrongful. The District Consumer Commission without considering the evidence produced by this appellant had allowed the complaint and directed this appellant to pay the above said amount which they are not legally liable to pay and further submits that the District Consumer Commission utterly failed to appreciate the affidavit of witness filed by this appellant wherein he said that as per the construction plan blue print only this appellant had constructed and there is any lacunas found in the said construction. Hence, prays for set aside the order passed by the District Consumer Commission.
2. Heard the arguments
3. On perusal of the certified copy of the order and memorandum of appeal and documents produced before the District Consumer Commission, we noticed that, this appellant had undertook to construct the house to the complainant as per the blue print prepared by Kalyani Yojana Architects and Interior Designers. It is also an admitted that an amount of Rs.9,73,000/- was paid by the complainant towards labour charges to construct the building. It is also an admitted that this appellant had constructed the house and along with the roof slabs, slope slabs and curve slabs. After completion of the construction, the complainant noticed that, the Opposite Party had not constructed the sloping slabs and beams at first floor of the building properly. The slab on north east corner and south side is not in water level and the edge is uneven with varying thickness. Hidden beam in reinforcement on the northern side balcony is visible from bottom since no cover was provided to reinforcement. Merely 40% of the slabs are visible from bottom since no cover was provided. Hence, alleged unfair trade practice and claim for compensation to the tune of Rs.6,89,496/- basing on the opinion given by the Architect of the complainant on 28-9-2015. The District Consumer Commission after trail allowed the complaint and directed this appellant to pay the above said amount.
4. The learned advocate for appellant vehemently argued that one mason called Sri.Jeevanand Banu Chinchankar adduced evidence and filed affidavit stating that this appellant had not casted slope slabs and curve slabs of the first floor of the building constructed by the respondent/complainant. The said slope of the building was casted by building contractor Sri.Vinod Singh of Karwar and whom he worked as mason. The District Consumer Commission failed to appreciate the said facts and allowed the complaint without any basis. Hence, prays to set aside the order passed by the District Consumer Commission. Merely filing the affidavit evidence of one Sri.Jeevanand Banu Chinchankar on side of appellant does not established his case. The respondent has to establish that he had constructed the said slabs as per plan by providing require materials and documents. In the absence of such, mere evidence of the witness cannot be accepted. On the other hand, we noticed that the complainant had produced the documents before the District Consumer Commission to show that a poor quality of construction and the said slabs were constructed by this appellant only which reflects defective. Considering all these facts, the District Consumer Commission after appreciating both sides evidences had arrived for conclusion that this appellant is liable to pay the above said amount. According to us, the order passed by the District Consumer Commission is in accordance with law. No interference is required. The appellant failed to establish the order passed by the District Consumer Commission is against to law and illegal. As such, the appeal is dismissed. Accordingly, we proceed to pass the following:-
O R D E R
The appeal filed by the appellant is hereby dismissed. No order as to costs.
The amount in deposit shall be transmitted to the concerned District Consumer Commission to pay the same to the complainant.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
Member Judicial Member
