Date of Complaint : 25.02.2010
Date of Order :03.03.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER – I
DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.No. 124 / 2010
THIS THURSDAY 3rd DAY OF MARCH 2016
Mr. V. Sethuraman,
F-1, Unik Flats,
No.49, Agasthiar Street,
East Tambaram,
Chennai 600 059. .. Complainant.
- Vs-
Mr. Suresh Kumar, S.Kumar Foundations, No.47, Subramaniya Mudali Street, Chennai 600 015. .. Opposite party. | | .. Opposite party. |
| | |
For the complainant : Party in person.
For the opposite party : Exparte
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-I
1. Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite party to pay a sum of Rs.40,000/- as compensation with interest and also to pay a sum of Rs.30,000/- as cost of the complaint to the complainant.
2. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party was set exparte on 26.8.2010.
3. Perused the complaint, and the documents Ex.A1 to Ex.A6 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant in person.
4. The case of the complainant is that he had hired the services of the opposite party for construction of his residential house in Ninnakarai Village. But the opposite party did very poor quality work i.e. leakages in walls, unsealed joints, cracks on walls and tiles, loose tiles bulge in plaster, sharp edges in grill, kitchen platform not plastered from below, defective door locks, improper weathering course without tiles and cracks in weathering course causing leakage in the roof and many more defects. Further the opposite party also not handed over the structural and electrical lay out drawings to the complainant. Due to the above said defects he was exposed to health hazard as the rain water enters into the electric ducks due to leakages in walls and ducks and his household goods suffered damages due to leakages. As such the opposite party had committed unfair trade practice and deficiency in service. Hence the complainant filed the above complaint claiming compensation of Rs.4,00,000/- for the loss and cost of the complaint.
5. It is evidenced through Ex.A1 that the complainant entered into an construction agreement with the opposite party for construction of his residential house. Ex.A4 also reveals that the complainant had made payments to the opposite party. The main grievance of the complainant is that due to the poor quality of work of the opposite party there were defects of leakages in walls, unsealed joints, cracks on walls and tiles, loose tiles bulge in plaster, sharp edges in grill, kitchen platform not plastered from below, defective door locks, improper weathering course without tiles and cracks in weathering course causing leakage in the roof and many more defects. But on perusing the documents produced by the complainant it reveals that he had not filed any estimation report stating the complaint mentioned defects and value of the defects thereon. Whereas the photos namely Ex.A2 reveals that there were some defects in the construction but all the defects seems to be only minor defects except the defect in weathering course. The complainant had sent a notice to the opposite party through International Consumer Rights protection council dated 3.8.2009 i.e. Ex.A3 stating the defects in the construction of his house and requesting them to rectify the defects. Even than the defects were not rectified by the opposite party.
6. From the facts and circumstances of the case, it is clear that the opposite party had committed deficiency in service in constructing the house with certain defects as stated in the complaint and also not rectified the said defects till date. Pending the case also the complainant had personally sent a notice to the opposite party i.e. Ex.A5 which was received by them but failed to come forward to rectify the defects.
7. Even on receipt of notice the opposite party had not appeared before this forum in order to defend their case and as such they were set exparte.
8. Considering the above facts and circumstances of the case, we are inclined to accept the grievance of the complainant but since he had not given estimation report of the complaint mentioned defects we approximately estimate the value of the said defects as Rs.40,000/- during that period which would be the amount if incurred by the complainant for rectification of the defects. As such the opposite party is liable to pay the said amount of Rs.40,000/- towards compensation. However the compensation claimed by the complainant is exorbitant hence he is entitled only for just and reasonable compensation.
9. Therefore we are of the considered view that the opposite party is directed to pay a sum of Rs.40,000/- towards compensation and also to pay a sum of Rs.2,500/- towards litigation charges to the complainant. Considering the facts and circumstances of the case we are not inclined to grant other reliefs claimed by the complainant.
In the result the complaint is partly allowed. The opposite party is directed to pay a sum of Rs.40,000/- (Rupees Forty thousand only) towards compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) as litigation charges to the complainant within six weeks from the date of this order failing which the above compensation amount (Rs.40,000/-) will carry interest at the rate of 9% p.a. from the date of this order to till the date of realization.
Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 3rd day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s Side documents :
Ex.A1- - - Copy of terms and conditions.
Ex.A2- - - Photos showing defects.
Ex.A3- 3.8.2009 - Copy of legal notice.
Ex.A4- - - Copy of receipts.
Ex.A5- - - Copy of private notice.
Ex.A6- - - Copy of Ack. Card.
Opposite party’s side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
