SRI.LAIJU RAMAKRISHNAN(PRESIDENT)<br /> <br /> The complaint is filed for getting compensation against the opposite party for deficiency in service for the construction work done by the opposite party in her residential building. <br /> <br /> The complainant is a tailoress in profession, residing in a small shed at Vellayamkudy, Idukki. The complainant approached a Civil Engineer named Mini.K.Antony for the construction of her dream house in her 10 cents of land. The said Engineer inspected the property and prepared an estimate and plan for a four bed room house to the complainant. Knowing the same, the opposite party approached the complainant and convinced her that the opposite party is a good maison and he constructed several buildings in that area. Believing in good faith the outstanding experience of the opposite party, the complainant and the opposite party agreed to construct the building as per the plan and estimate of the Civil Engineer. The complainant cleared the site for construction of the building with her workers and the site was opened to the opposite party for the construction. The plan and estimate prepared by the said Mini.K.Antony was also handed over to the opposite party and the materials for the same was also supplied by the complainant. On 15.03.2007 the construction was started and foundation work and basement were completed on 20.04.2007. Unfortunately the foundation works were demolished due to rain in the month of May 2008. The Civil Engineer inspected the property and certified that the construction was demolished due to rain because of the faulty construction of the opposite party. The complainant made a complaint before the S.I of Police, Kattappana and the opposite party agreed before the Kattappana Police Station that the work done by him was demolished due to rain because of the faulty construction of the opposite party and he was agreed to reconstruct the same to the complainant. But the same was not done by the opposite party. Alleging deficiency in the work, the complaint is filed for getting a direction to reconstruct the foundation and basement work done by the opposite party and also for compensation. <br /> <br /> 2. The opposite party was called as exparte. No oral evidence was adduced by the complainant and Exts.P1 and P2 and C1, Commission Report were marked on the side of the complainant.<br /> <br /> 3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to ?<br /> <br /> 4. The POINT :- The complainant approached a Civil Engineer Mini.K.Antony for the construction of a four bed room building in 10 cents of land. The opposite party agreed to construct a building as per the plan and estimate of the said Civil Engineer. Ext.P1 is the estimate given by the opposite party to the complainant describing the labour charges and materials for the construction, in which the signature of the opposite party is affixed. Complainant started the work on 15.03.2007 and the foundation work was completed on 20.04.2007. But the foundation was demolished due to the rain in the month of May. The Engineer inspected and certified that the work was demolished due to rain because of the faulty construction. And it is a gross deficiency in service of the opposite party. Before the trial the complainant filed a petition for inspecting the defective work by an expert commissioner and so a Civil Engineer was appointed as an expert commissioner. Ext.C1 is the commission report filed by an expert commissioner who is the Lecturer in Civil Engineering at Govt. Engineering College, Painavu, Idukki. As per C1 report, there is crack in certain parts of the foundation, also there is crack in the basement portion. The estimated amount for reconstruction of the same cost Rs.31,436/- including the labour charges. There is no reason to disbelieve the commission report. The rate of the rubble materials is excluded in the said cost. But the rubble can be used for reconstruction. So we think it is fit to give a direction to the opposite party for reconstructing the foundation and basement of the complainant's house construction. But it needs time because now it is rainy season. Rs.5,000/- can be granted for the mental agony and sufferings caused to the complainant and Rs.2,000/- for the cost of this petition.<br /> <br /> As a result, the petition allowed. The opposite party is directed to reconstruct the foundation and basement for the construction of complainant's house or pay Rs.38,436/- to the complainant within 3 months of receipt of a copy of this order, failing which the outstanding amount shall carry further interest at 12% per annum from the date of default.<br /> <br /> Pronounced in the Open Forum on this the 31st day of July, 2008 <br /> <br />