BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 11^TH DAY OF SEPTEMBER 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Directing the OP to return and refund the amount of Rs.13,50,000/- collected from the complainant and further be pleased to direct the OP to pay a sum of Rs.4,00,000/- towards additional repair works and Rs.50,000/- towards legal fee, totally a sum of Rs.18,00,000/- to the complainant along with interest at 18% from the date of receipt to till the date of payment.
2. Directing the OP to pay Rs.10,00,000/- as damages for the mental agony and trauma suffered by the complainant due to deficiency of service by OP.
3. Grant costs of the complaint.
4. Grand such other relief/s which this Hon’ble Forum deems fit under the circumstances of the complaint.

2. The case set up by the complainant in brief is as under:-

The complainant engaged the services of the OP to carry out the renovation work of the schedule property.  The scope of the work included bath room renovation, false ceiling in the hall and three rooms gazebo with seating on terrace, terrace floor tiles, parking area and kitchen utility floor tiles, artificial grass on terrace and in the parking area, stainless steel for main gate, stainless steel staircase railings, SS compound and balcony railings, modular kitchens with tall units and wall mounted tables, Pooja room door and tall unit, wardrobe with lofts in three rooms, UPVC windows in one room, TV cabinets, blinds for balcony, gas connection points, fixtures for main door, interior and exterior painting of entire house.

3. It is further case of the complainant that based on her requirement the OP has shared an estimation on 07.10.2021 quoting Rs.9,50,000/- to carry out the activities mentioned above. The OP at the time of agreement has given an undertaking in the construction agreement to complete the works entrusted as per specifications drawings and instructions of the complainants.  The complainant has paid an amount of Rs.10,50,000/-.  The OP provided additional estimation quote on 06.11.2021 thereby quoting an additional sum of Rs.2,12,400/-.  The complainant has paid the said amount and she has totally paid an amount of Rs.13,50,000/- to the OP.   OP has agreed to start the work by 17.10.2021 and complete the entire work by 30.12.2021.  The OP has further promised that the work will be completed within 45 days from 12^th November 2021.

4. It is the main grievance of the complainant that even though the OP has received the entire amount kept delaying to complete the work, there were no timely reporting of its workers at the schedule property.  The complainant despite working and taking care of her aged mother had to follow with the OP representatives about the labours materials to be brought in the schedule property.  The OP continued to delay the work by giving one or the other excuse. The complainant was frustrated and to manager her work and to make continuous follow-ups with the OP.  Even after 3½ months of commencement of work the OP has not even completed 30% of the work and requested the complainant to extend the deadline by 12.01.2022 and promised to complete all the pending works except the wooden works and painting and also promised to refund the amount for wooden work, painting work and other pending works.  The OP from 17.10.2021 to 12.01.2022 for a span of four months has done only 25 to 30% of the work and that to all are incomplete.

5. It is further grievance of the complainant that the OP was not deploying its workers regularly to the site of the complainant and that too unskilled workers were sent to the site of the complainant. They used to work two to three days and vanished for weeks together. Whenever the complainant tried to reach the Ops representatives they would not answer the calls nor reply to the messages. The OP has agreed to complete the work as per his telephonic conversation on 31.01.2022 by 15.02.2022 and in the event if he failed to complete the work he would refund for those work items.  The complainant was carrying out renovation work at her place where her aged mother her sister and herself are residing. The complainant insisted the OP to complete the work soon so that they can be in a dust free environment. Being completely frustrated by the false promises and delay in completion the complainant and her family is undergoing mental stress and her house is left shambles causing great discomforts to the complainant and her family members.  The complainant has patiently waited for four months realize that the OP is unfit to execute the work. She sent an email requesting the OP for refund on 31.01.2022 and also raised the complaint before home triangle.  In reply to the email the OP again made false promises that material order is already given and again made a false promise to close it as early as possible. Being aggrieved by the negligent attitude of the OP she has caused a notice on 08.02.2022 seeking refund of the amount.  After that the OP through his counsel has contacted the complainant and agreed to refund the money and agreed to start the work on 21.02.2022 and complete it by 12.03.2022 i.e., within the span of 20 days.  When the OP has failed to complete the work, the complainant has wrote an email for return of the balance amount and also to give details as to the pending work.  After that the OP replied on 11.04.2022 stating that the refund will not happen till completion of three works and further stated that it takes two weeks to get the payment according to the policy.  The OP was supposed to provide the dates for SS work and electric work by end of 11.04.2022 till 15.04.2022. The complainant did not get any information. The OP has been giving false hopes and making false promises and cheating the complainant.

6. It is further grievance of the complainant, she being a single lady and taking care of her aged mother along with her sister. The OP has taken three ladies as granted and have mentally tortured them. The OP has not adhered to the agreed quality of work and has done a substandard construction work, which has resulted in serious deficiency of service and the complainant has been subjected to unbearable stress, anxiety, mental agony and financial loss. The Ops act of negligence deliberate failure to finish the construction in terms of the construction agreement amounts to deficiency of service and caused great hardship, financial loss and mental agony to the complainant. Hence the complainant has filed this complaint.
7. In response to the notice, OP appears through their counsel.  Though sufficient time was given to the OP to file version, OP has failed to file version in time. Hence version of OP is taken has not filed.
8. The complainant has filed his affidavit evidence and relies on 25 documents.  OP has not filed his affidavit evidence.
9. Heard the arguments of advocate for the complainant.  Perused the written arguments file by the complainant.
10. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

11. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

12. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, affidavit evidence, written arguments and documents filed by the complainant.

13. The complainant in order to prove her contention has filed her affidavit evidence, reiterated all the allegations made in the complaint.  The complainant has engaged the services of the OP for renovation work in the schedule property as per Ex.P.1 estimate/quotation, the scope of the work included bath room renovation, false ceilings in the hall and 3 rooms, gazebo with seating on terrace, terrace floor tiles, parking area and kitchen utility floor tiles, artificial grass on terrace and in the parking area, stainless steel for main gate, stainless steel staircase railings, SS compound and balcony railings, modular kitchens with tall units and wall mounted tables, Pooja room door and tall unit wardrobe with lofts in 3 rooms, UPVC windows in one room, TV cabinets, blinds for balcony, gas connection point, fixtures for main door, interior and exterior painting of the entire house.

14. As per the estimation the OP has quoted Rs.9,50,000/- to carry out the work. The complainant has paid an amount of Rs.10,50,000/- as per Ex.P2.  The OP has given an undertaking that he will construct and complete the works entrusted as per the specifications drawings and instructions of the complainant.  The OP has further provided additional estimation/quotation as per Ex.P3 quoting additional amount of Rs.2,12,400/-. The complainant has paid the amount as per Ex.P.2a.  The complainant has paid the entire amount of Rs.13,50,000/- to the OP.  The OP has agreed to start the work by 17.10.2021 and complete the entire work by 30.12.2021 as per the whatsapp conversation Ex.P4 and further promises that he will complete the work within 45 days from 12^th November 2021.

15. It is the main grievance of the complainant that the OP after receiving the entire amount kept delaying to complete the work. There were no timely reporting of its workers at the schedule property. The complainant despite working and taking care of her aged mother had to follow with the OP’s representatives about the labours materials to be brought to the schedule property. It is clearly stated in the whatsapp message Ex.P5.  The OP continue to delay the work by giving one or the other reason. The complainant has frustrated to manage her work and to make continuous follow ups with the OP. even after 3 ½ months of the commencement the OP has not even completed 30% of the work and he has requested the complainant to extend the deadline by 12.01.2022 and promise to complete all the pending works except the wooden works and painting and further promised to refund the amount for wooden work, painting work and any other pending works as per Ex.P.7. The OP has done only 25 5o 50% of the work in a span of four months.  The complainant has also produced the photographs of the incomplete work done by the OP as Ex.P8.  The OP is not sending the workers regularly to the site and that to he was sending only unskilled workers and they used to work only for two to three days and vanish for weeks together. Whenever the complainant tried to reach the OP they would not answer the calls nor reply to the messages.  

16. When the complainant has contacted the Ops through telephone on 31.12.2022 the OP has agreed to complete the bathroom work (which included laying of tiles, fixing, washbasin, mirror, storage, cabinet, glass partition), ground floor washbasin and storage cabinets, electrical work, gazebo paneling, lightning and seating, grass installation on terrace area and parking area, UPVC windows in second floor room, SS work for staircase, railings, balcony, gate and compound wall, lighting for gate/compound, main door fixtures by 15.02.2022. Further, the OP also agreed that, in the event it failed to complete the work as stated, it would initiate refund for those work items.  The complainant has also produced the call recording as Ex.P9.

17. The complainant has waited for more than four months and realized that OP is unfit to execute the work undertaken by them, she has also sent an email seeking for refund as Ex.P10. She has also raised a complaint before home triangle as Ex.P.11.  After that the OP has sent his reply and further has agreed to complete the work as early as possible and also agreed to make the refund as Ex.P12.  Even though the OP has taken sufficient time after received the entire amount from the complainant has failed to complete the work and further failed to refund the amount paid by the complainant.  The complainant has also produced Ex.P13 to P20 to show all these conversations. The complainant having no response from the OP has engaged another contractor to complete the work.  The complainant has also requested the OP to furnish the bills and vouchers for the materials purchased for renovation of the schedule property. But the OP has failed to furnish the bills, vouchers for having purchased the materials.  When the OP has failed to refund the amount and to furnish the break up bills for having purchased the materials has issued legal notice, inspite of the said legal notice the OP has neither completed the work nor refunded the amount.

18. In view of the negligence and deliberate failure to finish the construction amounts to deficiency of service on the part of the OP. in view of this the complainant has suffered grave hardship, financial loss, mental agony.  The OP has failed to complete the construction work even after received the entire amount before starting the construction work. After that he has not at all completed the work and not sent the workers to the schedule property to complete the work. Under these circumstances the complainant has also suffered financial loss. The evidence and documents produced by the complainant remained unchallenged, there is no reason to disbelieve the documents Ex.P1 to P24 and also the evidence adduced by the complainant.  The complainant has clearly established the deficiency of service and also the mental agony and financial loss and loss of time, humiliation caused by the OP. inspite of paying the entire amount due to the negligence and lethargic conduct of the OP the complainant has to engage another contractor to complete the incomplete work done by the OP. Hence the complainant has clearly established the deficiency of service, negligence and financial loss caused by the OP. Hence we answer point No.1 in affirmative and point No. 2 partly in affirmative.

19. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to return and refund the amount of Rs.13,50,000/- collected from the complainant with interest at 10% p.a., from the date of respective payment till realization.
3. The OP is further directed to pay compensation of Rs.2,00,000/- towards additional repair works to the complainant.
4. The OP is further directed to pay litigation expenses of Rs.10,000/- to the complainant.
5. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.13,50,000/- till final payment.
6. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 11^TH day of SEPTEMBER, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL