Chandigarh

DF-I

CC/98/2022

Avtar Singh - Complainant(s)

Versus

Sixth Key Construction Pvt. Ltd. - Opp.Party(s)

Ravinder Pal Singh

12 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/98/2022
Date of Institution	:	18.1.2022
Date of Decision	:	12/12/2023

 

Avtar Singh S/o late Sh. Mohinder Singh resident of H. No.1916, Sector 22-B, Chandigarh.

 

… Complainant

V E R S U S

1. Sixth Key Construction Pvt. Ltd. regd. Address No.3,Triveni Vihar, Sewla Kalan, Dehradun, Uttarakhan 248001 through its Managing Director.
2. Sh. Sachin Saharan, Managing Director Sixty Key Construction Pvt. Ltd. resident of MCF 206, Gali No.69, Sanjay Colony, Sector 22, Faridabad, Haryana 121005.
3. Sh. Santosh Aswal, Director, Sixth Key Construction Pvt. Ltd. Regd. Address No.3 Triveni Vihar, Sewal Kalan, Dehradun, Uttarakhand 248001.

 .  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY		Sh. Ravinder Pal Singh, Advocate for complainant.
		OPs exparte.

Per SURJEET KAUR, Member

     Briefly stated the complainant  availed services of OPs for construction of his house at Mohali and as agreed upon the Ops were to perform all the turnkey work of construction  of Ground Floor, First Floor, Second Floor, Mummty and Terrace at the top of the house and also the front Verandah at the ground Floor of the house. An agreement dated 24.07.2017 was executed between the parties wherein the cost of per square feet was agreed upon as Rs.1200/-  which included all construction work like Brickwall plaster, Flooring, False Ceiling Doors and windows including mesh doors, Modular Kitchen, Bathroom sanitary wares, laps, electric fittings and switches, paints on walls and Polish on doors and  windows  and complete wood work on all floors (GF FF, SF). The construction was to be done as per the drawings and layouts provided by the complainant to the OPs of about 5000 sq. ft.  The agreed price of construction of the house was Rs.60,00,000/ and the period of construction was to commence from 01.08.2017 and Ops were to complete the construction and handover the keys of the completed house by 02.03.2018. However it is alleged that the OPs left the construction work in between and taken more ratio of money comparison to the work done.  Though the Ops have constructed only upto 40% but they received 80% money from the complainant to the tune of Rs.47,86,500/- upto May 2018. The Ops left the construction work  in May 2018 and  despite several request made by the complainant to  resume the work nothing was done by the OPs. Ultimately the complainant sent legal noticed  dated 23.6.2018 to the Ops and on this the OP No.2 started the work at the site and it was agreed between the parties that OP No.2 shall start the work after taking more money from the complainant. Accordingly the complainant paid Rs.21,10,703/- more upto 17.9.2018. It is alleged that the Ops again left work inbetween in September 2018 and the complainant had to engage all kind of workers at his own cost and even cost of construction material which was liability of the OPs had to bear by the complainant. The complainant had to spend Rs.5,68,835/- towards labour and Rs.8,41,404/- towards the cost of construction material after September 2018 upto February 2019. The complainant paid an amount of Rs.68,97,203/- to the Ops against agreed amount of Rs.60,00,000/- and as  such overpaid an amount of Rs.8,97,203/-  to the  OPs. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed

2. OPs did not turn up despite due service, hence vide order dated 11.11.2022 and 9.5.2023 respectively they were proceeded against exparte
3. Complainant led evidence by way of affidavit and documents.
4. We have heard the learned counsel for the complainant  and gone through the record of the case.
5. The sole grouse of the complainant through the present complaint is that despite huge payment of Rs.68,97,203/- to the OPs for the purpose of  construction of 5000 sq. ft. area as agreed upon vide agreement Annexure C-2, the OPs neither  completed the work nor refunded the over and above paid amount. Thus alleged deficiency on the part of the OPs.
6. After careful perusal of the file, it is evident from Annexure C-2 agreement dated 24.7.2017 that the size of the project was approximately 5000 sq. ft.  and an agreed cost of construction was Rs.1200/- per square feet and the estimated construction cost was to the tune of Rs.60,00,000/- as per page 21 of the paper book.
7. Pertinently, as per page 18 of the paper book  the construction had to complete w.e.f. 1.8.2017 to 2.3.2018 but as duly sworn affidavit of the complainant the Ops completed only 40% of assigned task/work and as per Annexure C-3 the complainant paid Rs.47,86,500/- to OPs till May 2018 out of the total agreed cost of Rs.60,00,000/-. As per the case of the complainant the Ops left the work in-between in May 2018 and did not respond to the calls made by the complainant several times. Thereafter, legal notice dated 23.6.2018 was sent by the complainant through registered post to the OPs and upon receiving of which the OPs started the work at the site of the complainant. It was agreed upon between the parties that OP No.2 will take more money from the complainant as loan and after completing first and second floor of the house he will return it and thereafter, will complete the pending work of ground floor at last.
8. As per Annexure C-5(colly) the complainant again paid Rs.21,10,703/- to the OPs from 1.7.2018 till 17.9.2018. However, the OPs again left the work in-between in September  2018 and thereafter the complainant had to engage all kind of workers at his own cost and even cost of construction which as per agreement was in fact liability of the OPs had to be borne by the complainant and the complainant spent an amount of Rs.5,68,835/-  on the labour and Rs.8,41,404/- towards  the cost of construction material for getting the construction of the house completed  as is apparent from Annexure C-6(colly) and C-7(colly).
9. Moreover, it is observed that the OPs despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the Opposite Parties have failed to render due service to the complainant and have nothing to contradict meaning thereby that they duly admits the claim of the complainant.
10. From the forgoing, we are of the opinion that the act of OPs for non honouring the agreed terms and conditions contained in agreement Annexure C-2 and non providing proper service and  most importantly non appearing  before this Commission to rebut the evidence led by the complainant, proves deficiency on their part. Pertinently, the contentions raised by the complainant in the complaint are duly supported by his affidavit. Thus, deficiency is writ large on the part of the OPs.
11. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

 

1. to refund Rs.8,97,203/- to the complainant which was paid by the complainant over and above the agreed amount as per Annexure C-2 with interest @9% P.A. from the date of this order till onwards.
2. to refund Rs.5,68,835/- to the complainant which was spent by the complainant  on labour  as per Annexure C-6(colly) with interest @9% P.A. from the date of this order till onwards.
3. to refund Rs.8,41,404/- to the complainant which was spent by the complainant on construction material as per Annexure C-7(colly) with interest @9% P.A. from the date of this order till onwards.
4. to pay Rs.20,000/- to the complainant as compensation for causing mental agony and harassment to him;
5. to pay Rs.10,000/- to the complainant as costs of litigation.

 

12.      This order be complied with by the OPs within 45  days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i)  to (iv) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(v) above.
13. Pending miscellaneous application(s), if any, also stands disposed off.
14.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member Sd/-
12/12/2023			[Suresh Kumar Sardana]
mp			Member