DATE OF FILING : 05.08.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 29th day of November, 2010
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.167/2010
Between
Complainant : Sajan S/o Mathew,
Vattappillil House,
Karimannoor P.O,
Thodupuzha,
Idukki District.
(By Adv: M.M.Lissy)
And
Opposite Parties : 1. Sumesh S/o Sukumaran,
Konnackal House,
Gayathri Water Proofers,
Nediyasala P.O,
Thodupuzha, Idukki District.
2. Sukumaran,
Konnackal House,
Gayathri Water Proofers,
Nediyasala P.O,
Thodupuzha, Idukki District.
(Both by Adv: K.M.Sanu)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The opposite parties conducted an exhibition stall in the 'Karshika Mela" at Thodupuzha in the year 2010. At that time the opposite parties assured the complainant that they are engaged in the work of leak proof of concrete buildings with a guarantee of 10 years. As per the assurance and description given by the opposite party at the exhibition stall, the complainant entrusted the leak proofing work of his concrete building to the opposite party at a rate of Rs.18/- per sq.feet and the opposite party received an amount of Rs.7,800/- as advance. The work was started in the month of April 2010. But the opposite party never completed the work and so the leak of the concrete roof of the complainant's building increased more than that of before. The amount agreed for the work was Rs.11,700/-, the opposite party received Rs.7,800/- as advance and never completed the work. So the complainant filed a petition before the Karimannoor Police Station on 15.05.2010 and the opposite party has agreed to complete the work before the Karimannoor Police. But the opposite party never completed the work till this date. So this petition is filed for directing the opposite parties to complete the leak proof work of the complainant's building or return the amount paid by him with compensation.
2. As per the written version filed by the opposite parties, it is admitted that the opposite parties agreed to cure the leak of the complainant's concrete building and the work was contracted with a rate of Rs.20/- per sq.feet. The opposite parties themselves supplied the materials for the work. The work was completed by them within a specific period. It was the duty of the complainant to pour water on the area where the work done, in order to give wet atmosphere to the cement for setting. But the complainant carelessly walked through the terrace and that caused scratches on the plastering done by the opposite party. The amount agreed was Rs.13,000/- for 650 sq.feet of area and opposite party received only Rs.7,800/-. The complainant is forcibly possessing 50 feet of M-sand and 3 packets of cement at the complainant's residence which was purchased by the opposite party. The opposite parties are ready to cure if any defects caused to the building of the complainant if the complainant provides the materials for the same, which were forcibly taken by the complainant such as 50 feet of M-sand, 3 packets of cement etc. The opposite party is also entitled to get Rs.5,200/- as balance payment of the work. As per the threaten and misbehaviour from the part of the Karimannoor police, the opposite party agreed to do the work and it was signed in the register at the police station. The complainant is demanding to complete the work using river sand, but the opposite parties cannot complete the work by using river sand in the agreed price. The opposite parties are doing the work usually by using M-sand and no complaint has been raised from any of the persons.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
4.The evidence consists of the oral testimony of PW1 and Exts.P1 to P4 marked on the side of the complainant and the oral testimony of DW1 on the side of the opposite parties.
5. The POINT :- PW1 who is the complainant deposed that concrete chipping was not done by the opposite party before starting the work. The agreed rate for the work was Rs.18/- per sq.feet and PW1 is ready to pay the balance Rs.3,900/- to the opposite party if they are ready to complete the work. Ext.P1 is the visiting card issued by the opposite party. No agreement was created between the complainant and the opposite parties. But the opposite party provided a guarantee of 10 years and also told that they were ready to writ it in stamp paper. Ext.P2 is the copy of complaint given to the Karimannoor Police stating that the opposite party received Rs.7,800/- from the complainant and never completed the work as per the assurance given by them. The matter was settled at the Police station. Ext.P4 is the copy of the complaint register received from the Karimannoor Police Station. The 2nd opposite party deposed as DW1. 2nd opposite party is the father of the Ist opposite party. Ist opposite party is an engineering graduate and they are conducting the work as a self employment scheme of the Ist opposite party. The agreed amount for the work was Rs.20/- per sq.feet and the total area was 650 sq.feet. The materials were supplied by the opposite party themselves. So the opposite party is entitled to get an amount of Rs.5,200/- from the complainant. The works were completed within 2 days. The defects caused on the concrete plastering work was because of the careless walk of the complainant through the terrace. The opposite party is ready to complete the work if the complainant provides the balance cement and M-sand which were forcibly retained by him after completing the work. The opposite party approached at the residence of the complainant to complete the work, but the complainant was not willing.
6.It is admitted by the complainant that there is an amount of Rs.3,900/- which is the balance payment payable to the opposite parties and the rate fixed was Rs.18/- per sq.feet. So it means that some amount is entitled by the opposite party in the disputed work. The opposite parties are ready to complete the work at any time, if any defect caused to the work eventhough that was because of the carelessness from the part of the complainant. They are ready to cure the defect if the complainant pays the balance amount Rs.5,200/- because the agreed rate for the work was Rs.20/- per sq.feet. The complainant should also supply the balance cement and M-sand retained by the complainant. So we think that it is a deficiency from the part of the opposite party that the leaking of the complainant's building increased after the work. So the opposite party should complete the work and the complainant should pay the balance amount to the opposite party. Anyway the complainant agreed to pay Rs.3,900/- to the opposite party. But the opposite party argued that they are entitled to get Rs.5,200/-. The cost of the materials are also increased, so the opposite party should provide the materials and should complete the work without any leak and the complainant should pay the balance Rs.5,200/- to the opposite party, when the opposite party completes the work of the complainant's building. As per the opposite party the leaking was caused because of the carelessness of the complainant and not because of the defect from the part of the opposite party. The complainant never produced any evidence to show that any serious defect has been caused to the work done by the opposite party or never appointed any commissioner to produce evidence for the same.
Hence the petition allowed. The opposite parties are directed to cure the leaking of the complainant's concrete building within two months or return the amount paid by the complainant as Rs.7,800/- with 12% interest from the date of receipt of the same.
Pronounced in the Open Forum on this the 29th day of November, 2010
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - Sajan Mathew
On the side of Opposite Party :
DW1 - K.M.Sukumaran
Exhibits:
On the side of Complainant:
Ext.P1 - Visiting Card issued by the opposite party
Ext.P2 - Photocopy of complainant's complaint dated 15.05.2010 submitted before the S.I of Police, Karimannoor
Ext.P3 - Receipt for the Ext.P2 petition
Ext.P4 - Photocopy of Complaint Settlement Register issued by the S.I of Police,
Karimannoor to the complainant as per the Right to Information Act, 2005
On the side of Opposite Parties :
Nil
