Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No.43/2018 ORDER DATED 06THDAY OF OCTOBER, 2018 | | Sri. Mallikarjuna.C.N, S/o. Y.K. Nagaraj, Vishweshwaraiah Road, Somwarpet Town, Kodagu. (IN PERSON) | -Complainant | V/s | Sri.I.T. Mithun, S/o. Thimmaiah, Aged 28 years, Building Contractor, Yakalanoor Village, SomwarpetTaluk, Kodagu. (EXPARTE) | -Opponent | Nature of complaint | Miscellaneous claim | Date of filing of complaint | 03/07/2018 | Date of Issue notice | 04/08/2018 | Date of order | 06/10/2018 | Duration of proceeding | 3 months 3 days |
SRI. C.V. MARGOOR,PRESIDENT O R D E R - This complaint filed by Mr. Mallikarjuna.G.Ns/o. Y.K. Nagaraju, resident of Somwarpet, KodaguDistrict with a prayer to direct the opponent to pay a sum of Rs.8,00,000/- as compensation with interest for his deficiency in service, Rs.2,00,000/- towards mental agony etc. and Rs.5,00,000/- for roofing of the building. The complainant owns house site No.10 measuring 30x40 size in Sy.No.7/8 of Kudmangalore Village, SomwarpetTaluk. The complainant had desire to construct two storied building on the said site and coming to know this fact the opponent Mr. I.T. Mithun s/o. Thimmaiah resident of Yakalanoor Village, SomwarpetTaluk, Kodagu District approached the complainant stating that he is building contractor having experience in the said field. There after there was agreement between the complainant and opponent on 12/09/2016 to construct a residential house in an area of 1,200 square feet. The opponent has agreed to complete the construction of two storied building for a sum of Rs.36,00,000/-.
- According to the agreement the opponent has received Rs.18,15,000/- from the complainant during the period from 22/08/2016 till 29/05/2017. The RCC slab put up by the opponent has fell down and the same was brought to the notice of the complainant on 07/02/2017 night at 8’O clock after removing the slab materials. The opponent has put up a pillar to support RCC slab from Portico. The complainant has informed the opponent that his construction work is not good then his reply was that he would set right the same in future.
- The complainant has occupied the ground floor of the house after performing house warming ceremony and during rainy season water started leakage in the entire house. There were cracks in doors and windows construction. The opponent has used low quality latches for the doors and low quality materials for the entire building. On seeing the substandard work of the opponent, the complainant has stopped further construction of floors. The complainant has asked the opponent to set-right the substandard work, but the opponent did not heed to his request inspite of his letter dated 01/06/2018. Hence, this complaint.
- The opponent inspite of the personal service of notice sent by registered post acknowledgement due on 12/07/2018 was proceeded exparte.
- The complainant to substantiate his allegations filed his affidavit in lieu of evidence and got marked exhibits P1 to 7 documents. Heard the arguments of complainant and points that would arise for determination are as under;
- Whether the complainant proves that the construction of residential house made by the opponent is substandard and thereby the later has committed deficiency in service?
- Whether the complainant further proves that he has suffered loss on account of substandard construction work and use of low quality building materials by opponent?
- Whether the complainant is entitled to the reliefs sought for ?
- What order?
- Our findings on the above points are as under;
- Point No.1:- In the Affirmative
- Point No.2:- In the Affirmative
- Point No.3:- In the Affirmative Rs.10,00,000/-
- Point No.3:- As per final order for the below
R E A S O N S - Point No.1 to 4:-The complainant during the course of arguments submitted that on account of sub-standard construction made by the opponent by using low quality building materials he and his wife have suffered mental agony and economic loss. The complainant argued that he and his wife by availing loan from the bank have paid money to the opponent for construction of residential house. During rainy season the entire house started leakage and on account of this they have spent sleepless nights.
- The complainant has produced an agreement entered between him and opponent on 12/09/2016 for construction of two storied building in Sy.No.7/8 measuring 30X40 feet site No.10 of Kudmangalore village. The recitals of the agreement indicates that the opponent has agreed to construct the residential building of complainant for a total sum of Rs.36,00,000/-. Exhibit P1 is agreement entered between the complainant and his wife on one side and opponent on other side. The complainant produced photos marked at exhibit P6 A & B which shows the sub-standard construction made by the opponent. In addition to that the complainant produced exhibit P3 inspection report made by Mr. Pramod Kumar Rai B.E. Civil Consulting Engineer, Madikeri. The said Engineer has inspected the house of the complainant on 12/06/2018 and suggested rectification to improve the quality of the building constructed in Sy.No.7/8 of Kudmangalore Village, Somwarpet Taluk. The Engineer suggested that the doors has to be changed as there are gaps in the shutters, 2) the slab has to be made water proof as found moisture on the inside ceiling, 3) cracks on the walls has to be filled and 4) the walls and ceiling is to be repainted with good quality of paint.
- The complainant has taken second opinion exhibit P4 from Vani Civil Solutions, Somwarpet. M.S. Praja Poonacha, B.E., Civil Engineer has visited the house of the complainant on 02/07/2018 and observed that doors has to be changed as there are gaps in the shutters, 2) water proofing has to be done due to leakage, 3) cracks on wall and parapet has to be filled and 4) paint quality is low and it has to be repainted. The opinion of the Engineer is that the quality of work is not satisfactory.
- The report submitted by two Civil Engineers along with photos marked at exhibit P6 prove that the opponent has constructed sub-standard residential house of the complainant by using low quality building materials. In addition to that the work of the opponent is not satisfactory and within one year from the date of construction there was heavy leakage from the ceiling. The opponent has not completed the entire construction as he finished the construction of ground floor only. According to exhibit P5 bank statement of the complainant the opponent has received Rs.18,15,000/- for construction of the ground floor and handed over its possession on 29/05/2017. When the leakage started during rainy season the complainant has issued exhibit P2 registered post acknowledgement due notice to the opponent for rectification of the mistakes, but the opponent neither gave reply nor attended the repair works. The affidavit evidence of complainant compelled with Engineer report and photographs prove that the opponent has not constructed the residential house properly and the construction made by him is substandard by using low quality building materials.
- The complainant shall have to rectify the construction work made by the opponent by change of doors, water proofing, cracks has to be filled and entire building has to be repainted. The complainant is entitled for a sum of Rs.4,00,000/- as damages for deficiency in service of the opponent and for change of doors and other inside repair of the house. Further the complainant is entitled to Rs.5,00,000/- towards roofing of the house to avoid leakage in the rainy season. In addition to that the complainant is entitled to Rs.1,00,000/- as compensation for mental agony and physical torture on account substandard construction made by the opponent. Therefore, the complainant in all entitled to Rs.10,00,000/-from the opponent for deficiency in service. Accordingly, we proceed to pass the following;
O R D E R - The complaint filed by Mr. Mallikarjuna.G.N s/o. Y.K. Nagaraj resident of Somwarpet Taluk is partly allowed directing the opponent to pay a sum of Rs.10,00,000/- as damages, compensation and roofing of the house within two months from the date of order.
- In case the opponent fails to pay the said amount it carries interest at the rate of 10% per annum from the date of filing of the complaint i.e. 03/07/2018 till its realization.
- Furnish copy of the order to both the parties at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 06th day of OCTOBER, 2018) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |