Date of filing: 11/08/2021

Judgment date: 09/06/2023

Mrs. Sashi Kala Basu, Hon’ble President

This complaint is filed by Smt. Gita Mukherjee under section 35 of the Consumer Protection Act, 2019 against opposite party (referred as OP hereinafter) namely (1) M/s. Joy Bajrangboli Construction being represented by its proprietor Shri Partha Gharami alleging deficiency in rendering of service on the part of the OP.

Case of the complainant in short is that she being the owner of premises 17/C, Nakuleswartala Lane, Kalighat, Kolkata – 700 026 entered into contract with the OP for construction / renovation of her tin shed room measuring more or less 300 sq. ft.. The OP on 30/03/2021 gave in writing for starting the job like dhalai for plinth level area with materials and labour charge @ Rs. 1,600/- per sq. ft. and the plinth level to ghat, plaster, tin shed etc. @ Rs. 1,200/- per sq. ft. OP took advance of Rs. 30,000/- from the complainant for the said job and thereafter complainant has paid a total sum of Rs. 6,00,000/- on different dates to opposite party. Dhalai of roof on the ground floor was being done keeping provision of 1^st floor for which complainant raised objection. She raised objection for 1^st floor as there was no sanctioned plan. So OP stopped further job on the ground floor like plastering and flooring. Complainant requested the OP to complete the said work by her letter dated 01/07/2021 but all in vain. Complainant had handed over the room to OP for the renovation work on 08/03/2021 and shifted to her brother’s house. Thereafter she took admission at a old age home. So the present complaint has been filed praying for directing the OP to finish the job / construction as mentioned therein and if OP fails to do the same then to refund Rs. 6,00,000/- to the complainant, to pay damages of Rs. 1,00,000/-, to pay compensation of Rs. 50,000/-, to pay Rs. 1,80,000/- for cost of unfinished job and to pay litigation cost of Rs. 10,000/-.

On perusal of the record it appears that notice was sent but OP did not turn up, so the case has been heard exparte.

The only point requires determination is whether the complainant is entitled to the relief as prayed for?

DECISION WITH REASONS

In support of her claim complainant has filed property tax bill issued by the Kolkata Municipal Corporation in the name of the complainant in respect of the premises 17/C, Nakuleswartala Lane, Kalighat, Kolkata – 700 026. Complainant has also filed the contract entered into with the OP on 30/03/2021 wherefrom it appears that OP had agreed to renovate or construct the said premises of the complainant by providing dhalai from plinth level with materials and labour charge @ Rs. 1,600/- per sq. ft. and the construction from plinth level to ghat, plaster, tin shed including materials and labour charges @ 1,200/- per sq. ft. The said documents further indicates that the OP has received a total sum of Rs. 6,00,000/- on different dates. On each date on receiving of the sum OP has acknowledged it by putting his signature and writing the amount received by him. According to specific claim of the complainant OP tried to make the provision to raise 1^st floor without sanctioned plan so she had protested the same for which OP left the job. According to complainant OP has not cleared of damaged sanitary system, has not finish the plastering, the dhalai of the flooring not completed, dhalai of the water proof on the ground floor not done, the wall has not been constructed in the staircase etc. Complainant has also filed a letter addressed to OP requesting him to complete the job. The said letter is dated 13/07/2021. Since before this commission there is absolutely no contrary material to counter the claim of the complainant that the construction or the renovation work has not been completed as agreed by the OP, complainant is entitled to the relief as prayed regarding the direction to the OP to complete the unfinished work. However her claim of refund of Rs. 6,00,000/- cannot be allowed as per her own case. It is evident that OP did the construction work in part but he did not complete it. According to complainant’s own case the cost of the unfinished job would be around Rs. 1,80,000/-. So if the unfinished job by the OP is not done as prayed by the complainant then she is entitled to the said sum of Rs. 1,80,000/- only. However she is also entitled to compensation for harassment and delay in completion of the job by the OP. In our view Rs. 50,000/- as prayed by the complainant will be justified as compensation.

Hence

            ORDERED

CC/339/2021 is allowed exparte. The opposite party is directed to complete the unfinished work as specified hereunder:-

1. To finish plastering on the North, South and Eastern side wall on ground floor, of the scheduled property namely 17/C, Nakuleswartala Lane, Kalighat, Kolkata – 700 026.
2. To clear the damaged sanitary system.
3. to complete the dhalai and flooring
4. to construct the wall in the staircase
5. to close the underground water tank under staircase by a lid (dhakna) and to make  parapet of roof.

The OP shall complete the abovementioned job within 45 days from the date of communication of this order failing which OP shall pay the cost of the said unfinished job of Rs. 1,80,000/- to the complainant within the aforesaid period of 45 days. OP shall further pay an amount of Rs. 50,000/- as compensation and Rs. 8,000/- as litigation cost within the aforesaid period of 45 days.  Out of Rs. 8000 towards litigation cost, Rs. 5000/- shall be deposited in the legal aid account of this commission as the complainant has been provided legal aid by appointing an advocate from the legal aid panel to conduct her case.