Tamil Nadu

North Chennai

CC/123/2015

M/s.Sivagami - Complainant(s)

Versus

M/s.K.Saravanan,Proprietor of S.A.Associates - Opp.Party(s)

M/s.Praveen Kumar and Others

28 Dec 2016

ORDER

                                                            Complaint presented on:  31.12.2014

                                                                Order pronounced on:  28.12.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

WEDNESDAY  THE 28^th  DAY OF DECEMBER 2016

 

C.C.NO.123/2015

 

 

Mrs.Sivagami,

Wife of Late G.V.K.Chelliya,

Plot No.26, New No.33, Old No.34,

B.V.Colony, Vysarpadi,

Chennai – 600 039.

                                                                                            ..... Complainant

 

..Vs..

 

	Proprietor of S.A.Associates, No.187, ‘F’ Block, Vasantham Colony, Thanikachalam Nagar, Ponniammanmedu, Chennai – 600 110
	.....Opposite Party

Date of complaint                                   19.08.2015

Counsel for Complainant                      : M/s.M.Praveen Kumar, R.I.Ramesh

                                                                 K.Manickavasagam & E.Janaki

 

Counsel for opposite party                       : Ex - parte

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant is the absolute owner of the property bearing plot No.26, New No.33, Old No.34, at BV Colony, Vysarpadi measuring an extent of 1,200/-   sq.ft. The Complainant wanted to develop the property by constructing a new residential building comprising of ground floor with two floors. The Opposite Party also agreed to undertake the construction. Both of them entered into an construction agreement dated 24.11.2011 by fixing the cost of construction was at Rs.1,250/- per sq.ft. The total cost of construction was fixed at Rs.58,68,080/-. The Opposite Party agreed to complete the construction within  the period of 12 months. The Complainant has paid a sum of Rs.60,000/- to the Opposite Party for the above said construction. The Opposite Party after completing construction delivered the building with in the stipulated time. However the Complainant found various deficiencies in the construction, quality of work, non-provision of amenities as follows.

i.Cracks in several places of the house within a year of construction (i.e.from the date of handing over of possession),

ii. Stagnation of water from the date of construction in the 2^nd floor (bathroom),

iii. Seepage, Wetness and Dampness in the ceiling and walls,

iv. Seepage, Wetness and Dampness in the Kitchen,

v. Stagnation of rain water before the front main door and verandah,

vi. Stagnation of water in the stair case,

vii. Leakage in main overhead tank,

viii. Window hooks are of poor/low quality,

ix. Ground floor portion electrical cable wire is not concealed and is in open,

x. No washing machine connection in the ground floor (one portion) and also in the second floor,

xi. Non-provision of switch for compound wall lights and

xii. All the switch boards are of very low quality.

 

The Complainant informed the Opposite Party over phone to rectify the above mistakes and also through a letter dated 21.10.2013 and a legal notice dated 27.12.2013. However the Opposite Party did not rectify the defect. Hence the Complainant filed this Complaint to direct the Opposite Party to rectify the defects which is for the value of Rs.9,25,000/- compensation for mental agony with cost of the proceedings.

          2. Though the Opposite Party received notice, they did not appear on 21.09.2015 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1  to Ex.A6 was marked on the side of the Complainant.

          4. The Complainant had also filed written argument and oral argument of the Complainant was heard.

 

5. POINTS FOR CONSIDERATION

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

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1

          The Complainant is the owner of ½ ground land and entrusted the construction work to the Opposite Party and in respect of the same both of them entered Ex.A1 construction agreement dated 24.11.2011 fixing the cost of construction of Rs.1,250/- per sq.ft and thus the total construction comes to Rs.58,68,080/-.

          7. According to the Complainant, he had paid a sum of 60,00,000/- to the Opposite Party for the construction of his house and Ex.A2 series receipt issued by the Opposite Party for receipt of payments from the Complainant. The Opposite Party also completed the construction and handed over the possession to the Complainant within the stipulated period of 12 months as agreed in Ex.A1, agreement.

          8. However after occupation the Complainant found the following deficiencies in respect of construction and non-provision of amenities.

i.Cracks in several places of the house within a year of construction (i.e.from the date of handing over of possession),

ii. Stagnation of water from the date of construction in the 2^nd floor (bathroom),

iii. Seepage, Wetness and Dampness in the ceiling and walls,

iv. Seepage, Wetness and Dampness in the Kitchen,

v. Stagnation of rain water before the front main door and verandah,

vi. Stagnation of water in the stair case,

vii. Leakage in main overhead tank,

viii. Window hooks are of poor/low quality,

ix. Ground floor portion electrical cable wire is not concealed and is in open,

x. No washing machine connection in the ground floor (one portion) and also in the second floor,

xi. Non-provision of switch for compound wall lights and

xii. All the switch boards are of very low quality.

To prove the above deficiencies the Complainant also filed Ex.A6 engineers report.   The Complainant issued Ex.A3 letter and Ex.A5 legal notice to the Opposite Party to rectify the above said defects and even after that the Opposite Party did not rectify the same. The Opposite Party remained exparte and there is no contra evidence of his behalf. Therefore the Complainant proved the deficiencies alleged by him through his evidence and Ex.A3, 5 and 6 documents. Therefore we hold that the Opposite Party committed Deficiency in Service in providing service to the Complainant to construct the building.

9. POINT NO:2

          According to the Complainant one Mr.G.N. Pooranachandran, Civil Engineer engaged by him to find out the defects in the building and he inspected and gave Ex.A6 report with regard to the deficiencies found in the building and he has also estimated the cost of expenses for various repairs and finally he estimated the total cost is at Rs.9.25 lakhs  for rectification of entire work. Since there is no contra evidence on behalf of the Opposite Party, the entire report of Ex.A6 engineers report is accepted and as per that report a sum of Rs.9.25 lakhs is also required for rectification of work to remove the deficiencies by the Opposite Party is also accepted.

          10. The Complainant prayed to pay the cost of rectification amount of Rs.9.25,000/- to him and therefore we are inclined to order directing the Opposite Party to pay a sum of Rs.9,25,000/- towards the cost of rectification and repair of the building to the Complainant and also to pay a sum of Rs.1,00,000/- towards compensation for mental agony, inconvenience and hardship caused to the Complainant, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to pay a sum of Rs.9,25,000/- (Rupees nine lakhs twenty five thousand only)  towards the cost of rectification and repair of the building to the Complainant and also to pay a sum of Rs. 1,00,000/- (Rupees one lakh  only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.  

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 28^th  day of December 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 24..11.2011           Construction Agreement   Between Complainant &

                                                                                   Opposite Party

 

 

Ex.A2 dated 24.11.2011                                    

                   29.01.2012

                   24.03.2012

                   26.03.2012      Receipts(8 Nos)                           Issued by Opposite Party       

                   25.04.2012

                   03.05.2012

                   25.07.2012

                   28.09.2012  

 

Ex.A3 dated 21.10.2013      Letter                                Between Complainant

                                                                                      & Opposite Party

 

Ex.A4 dated 28.10.2013             Postal Receipt                     Between Complainant &

                                                                                      Opposite Party

 

Ex.A5 dated 27.12.2013             Legal Notice                         Between Complainant &

                                                                                       Opposite Party

 

Ex.A6 dated 15.06.2014             Engineer Report                  Issued by the Engineer

                                                                                      to Complainant             

 

 

 

MEMBER – II                                                               PRESIDENT