- The complainant filed complaint case against O.P. Architect for not constructing the complainant’s house with “A” class construction with incomplete and substandard therefore claiming refund of amount of 5,48,423/- along with 24% interest and Rs.3,00,000/-for mental torture and harassment with Rs.50,000/- cost of litigation.
The story in short is as under. - The complainant is retired principal from Central Ordinary School and owner of plot No. 6 admeasuring 2400 sq.ft. at Mouza-Dhaba in the layout of Shri Sai Sevasharm Gruha Nirman Sahakari Sanstha and therefore wants to construct a house after retirement therefore the complainant approach to O.P. and agreed orally to construct the house of complainant and assured that O.P. will make construction of “A” class on or before retirement of complainant with approximately total construction of around 1084 sq.ft. at ground floor as per sanctioned plan of N.I.T. Nagpur. Therefore the complainant agreed to pay Rs. 14,00,000/- which inclusive cost of material uses, labour payment, Construction of compound wall water slum, flooring, POP, tiles, Painting, etc. thereafter the compliant paid 3,50,000/- to O.P. by cheque. The O.P. introduce one person namely Shri Kanchan Pandit who is working under the O.P. as a Maison. Thereafter the construction work activities started under the supervision of O.P. The complainant paid Rs.19,00,000/- to the O.P. for construction work. The complainant himself purchased some material for construction amounted to Rs.2,63,601/- relying upon his promise that he will return the excess payment at the time of settlement of final bill of construction as O.P. was facing financial problem for the reason that the O.P. started construction work at another site. The complainant further submitted that he has paid huge amount to O.P. for construction of “A” class but O.P. has not only constructed the incomplete house but it is of sub standard construction and therefore cause deficiency of service. The electric fittings purchased and same was fitted by O.P. are of sub standard and not of branded material. The O.P. failed to fix sliding window properly with good quality of material. The O.P. has not constructed the roof slab and walls properly due to which the cracks are formed and complainant is facing seepage problem and effecting internal painting of house. The O.P. failed to construct the compound walls properly and kitchen grill door is of sub-standard material. The O.P. has also not white wash the house properly, POP. O.P. has left incomplete construction of water slum. The O.P. has failed to complete the construction as agreed and fail to deliver the work completion certificate therefore the complainant issued letter to O.P. on 4.10.2014 to supply the copy of final bills of construction and work completion certificate and refund of excess money. The O.P. has sent false reply and submitted that he has already supplied the bill of work done OF Rs.21,02,400/- against the payment of Rs.18,58,000/- and O.P. further demanded the amount of Rs.1,79,400/- towards extra work done by him on request and demand of the complainant saying that the said work is not mentioned in the alleged agreement of contract which is not agreed previously like increase of height of compound wall and water sump and washing platform therefore for additional extra work the O.P. demanded Rs.2,71,942/- and falsely submitted that O.P. has handed full completed/constructed house for Vastu-Pooja which was to be held on dated 26.7.2014 and further requested for release of extra payment for extra work. The O.P. has constructed the incomplete and substandard construction work not within agreed time period therefore O.P. is liable to pay compensation and damaged as per valuation report of Shri Ashfaque Mohd. Sheikh Government approved valuer on dated 10.6.2015 and valuation report of Shri Subhashchandra Bedi. Therefore the complainant has prayed for refund of Rs.5,48,423/- along with interest for extra excess amount paid to the O.P. along with compensation & cost of litigation.
- The O.P. filed reply and denied allegation and submitted that complainant and O.P. as finalised an agreement of construction of house of the complainant on dated 27.1.2014 as per estimated 7.01.2013 and started the construction work as per sanction plan after receipt of advance of amount of Rs.3,50,000/- from the complainant on 3.02.2014. The O.P. further submitted that the work of house is completed in all respect on dated 4.6.2014 and along with item wise bill was given to the complainant on 4.6.2014. The O.P. further submitted that entire work of construction is completed by O.P. up to the satisfaction of complainant so the instant O.P. was also invited for Vastu-Pooja ceremony which was held on 26.7.2014. After Vastu-Pooja the complainant demanded various changes in actual plan and the O.P. carried out the additional work of construction such as creating washing platform, new porch, increasing height common wall, 5.5ft. to 9 ft., increasing height of water sump and putting stainless steel railing and for that separate bill for addition work has been given to the complainant. After completion of entire work the O.P. given final consolidated bill and demanded Rs.2,70,942/- towards balance amount after working minute details to the complainant. The O.P. has submitted the entire work bill amounting to Rs.21,02,400/- on dated 4.6.2014. On the date of completion of work and during the course of completion the complainant has paid total amount of Rs.18,58,000/- in instalments for purchase of raw materials and payment of workers. Thereafter the O.P. has demanded Rs.2,70,942/- towards balance claim amount and for avoiding to pay the complainant as filed false complaint case, which is baseless without any cogent evidence therefore liable to be dismissed with cost.
- As per oral agreement between the parties for construction of the complainant house the complainant paid Rs.19,00,000/- in instalments in addition to that the complaint himself purchased construction material for an amount of Rs.2,63,601/- on the request and requirement of O.P. as he had stated to the complaint that he will returned the said amount or adjusted at the time of final bill but till date the O.P. has not paid the said amount. The complainant had paid huge amount of Rs.21,63,601/- for construction of “A” class but O.P. has not constructed the “A” quality of construction on the other hand the construction is substandard and incomplete. Therefore the O.P. cause deficiency of service and submission of completion report falsely stating that the construction done by him was amounted to Rs.21,02,400/-and claiming further outstanding amount of Rs.2,71,942/-for extra work which is unlawful. As per valuation report of Government approved valuer Shri Ashfaque Mohd. Sheikh the complainant is recoverable an amount of Rs.5,48,423/- from O.P. and as per report of Architect and registered valuer Shri Subhashchandra S. Bedi the work constructed by O.P. is not “A” class construction and not as per sanction plan therefore complaint is deserve to allowed.
- The counsel for O.P. Mr. Dr. Bipin Bore argued that after visiting site O.P. has given design of proposed building plan to the complainant and on satisfaction O.P. had submitted to Nagpur Improvement Trust on dated 14.11.2013 for sanction of the proposed house of complainant. The MAP was sanctioned by NIT on dated 27.1.2014. After completion of construction work the O.P. submitted final bill amounted to Rs.21,02,400/- on dated 4.6.2014 The construction work is done by O.P. with satisfaction of complainant and so before Vastu pooja ceremony which was held on 26.7.2014 the complainant has demanded various changes in actual plan which were carried out and executed by O.P. on various dates after Vastu Pooja. The O.P. has given final consolidated bill and demanded balance amount of Rs. 2,70,942/- for extra work. The complainant was avoiding to pay balance outstanding amount therefore filed false complaint. The valuer Shri Ashfaque Mohd. Sheikh is not approved valuer of Nagpur Improvement Trust and Nagpur Municipal Corporation. The report given by Mr. Abhijeet Asolker on dated 1.12.2021 for the completion of construction work in 2014 is false report and not binding. The O.P. has completed the work as per the satisfaction of the complainant and additional work done even after Vastu pooja such as creating a washing platform, New porch, Increasing height of compound wall, Increasing height of water sump and putting stainless steel, Railing as per addition demand of for that work a separate bill for addition work has been given to the complaint of Rs.2,70,942/- on dated 7.9.2014 thus for avoiding pay the amount of addition work the complaint has filed false case without reliable evidence which is desirous to be dismissed dismiss with cost.
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- The complainant who was working with Central School Ordinance factory, Ambazari, Nagpur as a Principal and after retirement on 31 st March 2014 wanted to construct house for the residence agreed orally with O.P. to construct house. The allegation of complainant is that the O.P. fail to construct the house as per oral agreement and fail to construct “A” class type of construction with incomplete construction after receipt of payment of Rs.21,63,601/-. The counsel for O.P. submitted in argument that the O.P. has completed the work as per oral agreement to the satisfaction of complainant as promised. The complainant has paid total net amount of Rs.18,58,000/- on various dates which was for the purchase of materials and payment of workers. The O.P. has constructed the house of complainant as promised before Vastu Pooja but after Vastu Pooja some additional work were done as per the request of complainant such as New Porch, Increasing height of compound wall from 5.5 ft.,to 9 ft., increasing height of water sump and putting stainless steel railing etc. and for that separate bill for additional work done dated 7.9.2014 has been issued to the complainant. The O.P. has started the construction work on 21.1.2014 and completed on before Vastu Pooja ceremony which was held on dated 26.7.2014 within reasonable period of time.
- There was no written contract of construction of house with no specification of quality and grade of construction, and the estimate of construction, with the time period of construction therefore the contention of complainant that O.P. has not constructed “A” class construction as agreed within agreed period of time cannot be accepted. For the period of construction there is no written contract of quality and construction and period between the parties therefore the contention cannot be raised in respect of quality of constriction and period of construction after words. There is no evidence and availability of all copies of bills and documents and supply of temporary/rough bill in all respect towards the payment made by the complainant to workers or to O.P under the specific head of expenses and submission of all documents to Ashfaque Mohd. Sheikh and for additional report to Shri Subhahchandra Baby for the inspection and valuation carried by the engineer. The reports cannot be accepted for non mentioning of all temporary/rough bill and without examination of O.P. and the contractor who has constructed the house. Therefore the reports of valuer cannot be accepted as a reliable evidence and impartial. The O.P. after completion of construction and additional construction works issued final bill of Rs.21,00,204/- to the complainant on dated 4.6.2014 from the date of completion of work and the amount of Rs.2,70,942/- was shown due towards additional construction on the house of complainant. The complainant has failed to bring correct and cogent evidence on record to prove the contention of poor construction and incomplete construction Therefore there is no merit in the case at hand. Hence the case is dismissed as per following order.
ORDER - Complaint is dismissed.
- No order as to costs.
- Copy of order be furnished to both the parties, free of cost.
[HON'BLE MR. ATUL D. ALSI] PRESIDENT [HON'BLE MRS. CHANDRIKA K. BAIS] MEMBER [HON'BLE MR. SUBHASH R. AJANE] MEMBER |
