By Sri. Jose V Thannikode, President:
The Complainant filed the complaint under section 12 of the Consumer Protection Act to get refund of the amount which is given for fiber coating of his house to the Opposite Party due to the deficiency of work and to get cost and compensation.
2. Brief of the case:- The Complainant entrusted the work of fiber coating in his house which was suffering from leakage on receiving quotation from the Opposite Party. The Opposite Party had put forward oral quotation at the rate of Rs.45/- per square feet to coat fiber with compound as precautionary measure against leakage and assured “Life term guarantee”. The Complainant visited Opposite Party's office in building No.PP X1 457 at Amarakuni which fall under pulpally Panchayath, which was a shop where, Santhigiri Ayurveda and Sidda Vaidhyasala an over size shop room an contractor's office and storage of Chemical materials for fiber and compound are compared together with vaidhyasala.
3. When the fiber coating work was in progress the Opposite Party used to visit daily for half an hour and sometimes he doesn't. When the work was almost completed, excluding sunshade and porch the Opposite Party requested to settle the payment to purchase the raw materials for further work. The Opposite party assured that he will come soon after getting the raw materials and he measured the entire concreted terrace including the work completed area and listed out. The total enlisted area was 5,997.21 square feet as per the document which is marked as Ext.A1 and accordingly he collected Rs.2,69,870/- and left out the place assuring that he will come with materials and cash bill with the endorsement “ LIFE TERM GUARANTEE”. Thereafter the Opposite Party intimated the complainant through telephone that he is suffering from short supply of raw materials. There after he neither completed the remaining work or not issued the cash bill and guarantee card.
4. Unfortunately the Complainant's house again suffering from leakage at original spot, when it was intimated to the Opposite Party he denied the repair work in rainy season, since it would adversely effect the work. He had recommended it for next season. Season kept on changed and equally opposite party placed one or other excuses wide his cell phone reminders. Any how 2012 rainy season also he could not turn up. Then the Complainant send registered notice dated 19.02.2013 to the Opposite party and the notice was received by one Chandrasekhar on 25.02.2013 and the acknowledgment card also returned. Subsequently the Opposite Party visited the house of the Complainant and he did not suggest any solution but denied his, earlier stand that is the life term guarantee. He claimed that he worked as a maison but not as a contractor, and refused the responsibility of guarantee, repair of leakage, completion of left out work against which he had collected payment and issuance of cash bill endorsed with LIFE TERM GUARANTEE.
5. Again the complainant send subsequent reminders on 06.03.2013, 09.04.2013, 18.06.2013, 15.07.2013, 12.08.2013. But the Opposite Party did not responded to it. Thereafter on enquiry the Complainant understood that the Opposite Party left the fiber work and entered in wood business. The Complainant he further says the Opposite Party carried out the substandard work, interior quality work and charged exorbitant payment and offered fraud assurance and also collected payment even for in completed work. Hence caused leakage and caused heavy damages to the Complainant. Hence this complaint.
6. The notice to the Opposite Party send on 17.10.2013 and the notice returned on 29.10.2013 stating that intimation served on 19.10.2013 and address out of station till
25.10.2013. Hence Opposite party is set exparte on 16.12.2013.
7. On consider the complaint affidavit and commission report the following points are to be considered.
1 Is there any deficiency in service for the Opposite Party?
2. Relief and cost
8. Point No.1:- In addition to the complaint the Complainant filed proof affidavit and stated as stated in the complaint. Complainant is examined as PW1 and Exts.A1 to A10 is marked. Ext.A1 is the calculation statement which is prepared by the Opposite Party and as per the Ext.A1 the Opposite Party collected the amount of Rs.2,69,874/-. Ext.A2 is the registered letter given to the Opposite Party by the Complainant on 19.02.2013 in which all the grievance of the complainant is explained. Ext.A3 is the Acknowledgment Card. Which shows that the letter is received by one Chandrasekharan for Opposite Party. Ext.A4 is the reminder letter given by the Complainant to Opposite party on 06.03.2013.
Ext.A5 is the reminder letter given by the Complainant to Opposite Party on 09.04.2013. Ext.A6 is the reminder letter given by the Complainant to Opposite Party on 02.05.2013. Ext.A7 is the reminder letter given by the Complainant to Opposite Party on 18.06.2013. Ext.A8 is the reminder letter given by the Complainant to Opposite Party on 15.07.2013. Ext.A9 is the reminder letter given by the Complainant to Opposite Party on 12.08.2013. Ext. A10 is certificate issued by the Secretary Grama Panchayath Mananthavady. Which shows that the Complainant's house's total area is 129.31m2 .
9. Ext.X1 is the Commission Report filed by Advocate T. Ashraf who appointed as the Commissioner in the case filed report on 03.02.2014. The Commissioner reported that “during my inspection I could see leakage water stains inside of the four walls of the building. Leakage water stains were also noticed on the top of R.C.C roof from inside the building. Part of the roofing was seen filed on the top of the RCC slab and part of the building with plain RCC Slab.
10. On inspection of the fiber coating which is the matter in dispute, part of the eastern wall and top of the tiled roof except the sun side and car porch all other area was seen coated with a fiber compound. The area where the fiber compound applied as per the measurement of a Licensed Building Supervisor Reji. C.D is 2148.00 SFT. The Measurement is produced with this report. Seeing the fiber coating applied on the roof I feel that the fiber coating did not provide much help from the leakage. Many of the fiber coating is being seen parted from the surface of the roof and is being chipping away. Time to come entire fiber coating may be chipped away. I feel that the type of fiber coating applied on the top of the tiles is not fit for the purpose, the fiber coating applied on the tile roofing is being chipping out may be due to the heat on the surface of the tile. During my inspection I feel that the fiber coating done on the building has not provided much solution from the leakage”.
11. Since the Opposite Party is not appeared and set exparty, what is stated by the complaint and Commission report is to be believed in toto.
12. In the circumstances we feel that the Complainant is entitled for the loss, cost and compensation and the Opposite Party is liable to pay the loss, cost and compensation.
13. Point No.2:- The point No.1 is found infavour of the Complainant, the complainant is entitled for cost and compensation and Opposite Party is liable to compensate the same.
In the result, the complaint is partly allowed and the Opposite Party is directed to pay Rs.2,69,870/- (Rupees Two Lakh Sixty Nine thousand Eight hundred and Seventy) only towards the payment received by Opposite Party for fiber coating, since it is useless and also directed to pay interest at the rate of 8% per annum from the date of complaint and Rs.2,000/- (Rupees Two thousand) only as compensation and Rs.1,000/- (Rupees One thousand) only as cost of this proceedings. The order must be complied by the Opposite Party within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced by me in the Open Forum on the 20th day of February 2014.
Date of filing:08.10.2013.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/ Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witnesses for the Complainant:
Nil.
Witnesses for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Copy of Calculation Statement.
A2. Copy of Registered Letter. Dt:19.02.2013.
A3. Copy of acknowledgment Card.
A4. Copy of Letter. Dt:06.03.2013.
A5. Copy of Letter. Dt:09.04.2013.
A6. Copy of Letter. Dt:02.05.2013.
A7. Copy of Letter. Dt:18.06.2013.
A8. Copy of Letter. Dt:15.07.2013.
A9. Copy of Letter. Dt:12.08.2013.
A10. Copy of Certificate. Dt:06.09.2013.
X1. Commission Report. Dt:03.02.2014.
Exhibits for the Opposite Party:
Nil.
