Date of Filing : 16.06.2012
Date of Order : 18.08.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 18th AUGUST 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 71 / 2012
1. Smt. B.N. Jayanthi,
Aged about 34 years,
W/o. Sri. C. Nanjundachary
2. Sri. C. Nanjundachary,
Aged about 38 years,
S/o. Sri Chandra Achari,
Both residing at:
Mariyamman Temple Street,
Pannalal Layout, Bhavarilalpet,
Robertsonpet,
KGF – 563 122.
(By Sri. P. Raghavan & others, Adv.) ……. Complainants
V/s.
Sri. Krishna Reddy,
Aged about 65 years,
S/o. Late Sri Gangi Reddy,
R/at: Parandhalli Village &Post,
Bethmangala Hobli,
Bangarpet Taluk.
(By Sri. N.K. Nanjunda Gowda, Adv.) …… Opposite Party
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainants Rs.3,70,000/- are necessary:
Complainants are the married couple and the scheduled property belonging to the 1st Complainant. On 12.01.2012 an agreement was entered into between the parties wherein Complainants had paid Rs.2,70,000/- to the OP and the remaining amount has to be paid after completion of the construction of the building as in the agreement. OP just laid foundation and raised Wall only to an extent of 3-4 Feet and the materials used are of inferior quality and substandard. When the Complainant questioned about this, OP stopped working and later there was Panchayath and Panchayathdars advised the OP to continue the work or return the amount. OP did not continue the work nor completed the work, but issued untenable notice on 28.04.2012 to which Complainants have properly replied. It is given to understand that OP has misled the public and cheated the public and he is not a building contractor at all and many civil & criminal cases are pending against him. OP has hardly spent Rs.50,000/-. Hence the Complaint.
2. In brief the version of OP are:-
Entering into an agreement and receipt of Rs.2,70,000/- are admitted. As per the agreement, OP has constructed the building. He has put Suguna Motor for pumping the water with electricity connection and other facilities. The said building is ready for occupation. Complainant himself is due for Rs.1,00,000/- to the OP and when the OP demanded for money Complainants filed this Complaint.
3. To substantiate their respective cases, parties have filed their Memos stating that their pleadings and documents be read as their evidence. Hence, arguments were heard.
4. The points that arise for our consideration are:
POINTS
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
6. Points (A) & (B) – Reading the pleadings in conjunction with the documents on record, it is an admitted fact that the Complainants have entered into an agreement on 12.01.2012 with the OP and paid Rs.2,70,000/- advance for construction of building. According to the Complainants, OP has not constructed the building, but only put-up 3-4 Feet Wall and he has not done anything else. OP submits that he has constructed the building in accordance with the agreement. Which is true is to be seen.
7. The relevant portion of the agreement reads thus:
“WHEREAS, above named Smt. Jayanthi, is the owner of the building is the full and absolute owner of the property situated at PARANDAHALLI VILLAGE, Bethamangala Hobli, Bangarpet Taluk, within the Parandahalli V.P. Limits, V.P. Khata No. 324(old), V.P. Khata No. 2-217(old), New V.P. Khata No. 217, V.P. Khata No. 469/5,
Now the owner of the property desired to put up construction in her site, and get the old building already existing renovated, ground floor with compound wall, stair case, sump and over head tank. For which the Building contract has come forward accepting to construct the building on Material cum labour contract and agreeing to fulfill the requirements and desire of the owner of the property and to construct the building as per requirement of the owner of the property, hence this agreement has come into force under the following terms and conditions.
1. The building contractor has agreed for the material cum labor contract the cost of Rs.80,000-00 (Rupees Eighty only) per squares.
2. The building contractor agrees to receive 50% out of the rate accepted per squares for the construction of the Sajja, i.e. at the rate of Rs.40,000/- per squares (calculated round about the property out side).
3. The building contractor agrees to put up the compound wall with a sheet roof structure for car parking in the frontal area of the property at separate cost.
4. The building contractor agrees to receive Rs.500-700 per piece for the stair case at the end of construction.
5. The building contractor hereby agrees to use the following materials for the construction in best quality at the desire and selection of the owner such as:-
(i) The Best wood such as Austarilia Honne for front door only and Neem wood throughout the building for doors and windows and ventilators.
(ii) The best tiles for the floor (Granite) of best quality color and quality selection by the owner.
(iii) The best tiles for the walls up to a height of seven feet in bath room kitchen, lavatory and the God room.
(iv) The best tiles for front vacant space for car parking and gardening.
(v) Agrees to use best quality of cement, sank, jelly, bricks, electrical fittings, water ways fitting, sanitary fittings...etc. at the selection and desire of the owner.
(vi) Agrees to fix up the show case and cup boards in the bed room, kitchen and office room.
(vii) Agrees to install the gates one big size for car parking and small size for passage with best design as per the selection of the owner, and also agrees to fix up the support for stair case in steel as per the desire of the owner.
(viii) Also shall complete the platform work in the frontal vacant space for car parking and passage and gardening.”
That is to say OP had agreed to renovate existing building and he has agreed to construct fresh building in the site using Australian Honne for front door only and Neem Wood throughout the building for doors & windows and ventilators, Granite selection by the Complainants to the Floor, very good Tiles for Bath Room, Pooja Room, Car Parking has to be made, Showcases & cup-boards has to be made, installation of gates one big size for car parking etc. OP simply states that he has completed the construction and it is ready for occupation, but there is no material for it. There is no substantiation for it. OP never produced any documents to show what are the materials he has used? Where he has used? Where the Car Parking is made? How the building has been renovated? etc.
8. Complainant has produced photographs of his house which is existing one and the OP also has produced photographs. Photographs of the Complainants read thus:
Photographs produced by OP reads thus:
That means, there is no renovation that has been made to the old building. There is no construction of any building as old building is already in existence. Except colouring the old building in the front, nothing has been done by the OP. Now let us see what is the construction that has been made.
9. OP has produced photographs of the building according to him he has constructed which reads thus:
Complainant has also produced photographs of the construction that has been made which reads thus:
(BACK SIDE TO BE CONSTRUCTED)
Reading these two, it means, OP has constructed Wall for certain level, he has not put roof and he has not made anything else. Complainants have clearly stated that for this construction it costs only Rs.50,000/-. There is nothing to disbelieve the same.
10. How this has been completed? When this has been completed? Where is the roofing? Which types of Tiles that have been used? Which type of Wood that has been used? There is no material.
11. Further, OP never stated who are the masons and who are all the coolies and what is the amount he has paid to them? Which materials that have been purchased? What is the cost of the materials that has been purchased? Absolutely Nil and how the Complainants are due?
12. OP further claimed that he has completed the building and demanded for Rs.1,00,000/- from the Complainant. When the building is itself not completed, how can he say that he has completed the building and demanded money from the Complainant. This clearly goes to show ulterior motive of the OP as rightly contended. This is unfair trade practice.
13. When the OP has received the money as advance and agreed to construct the building and in spite of requests, demands & notice, he has not completed the building, but failed to construct the building nor returned the money. It means it is unfair trade practice and deficiency in service.
14. Here OP has spent according to the Complainant himself Rs.50,000/- towards construction, there is nothing to disbelieve the same. The statement of the Complainant is fully corroborated by the photographs produced by the OP himself. If we direct the OP to return Rs.2,20,000/- with interest, that will meet the ends of justice.
15. Hence, we hold the above points accordingly and pass the following order:
ORDER
1. Complaint is allowed in part.
2. OP is directed to pay to the Complainant sum of Rs.2,20,000/- together with interest @ 12% P.A. from the date of complaint until payment within 30 days.
3. OP is also directed pay Rs.2,000/- to the Complainant as costs of this litigation.
4. OP is directed to send the amount as ordered at (2) & (3) above to the Complainant by Demand Draft through RPAD and submit this Forum the compliance of the Order within 45 days.
5. Send copy of the Order to the parties concerned free of cost.
6. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 18th day of August 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
