DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678 001, Kerala

Dated this the 31^st day of July, 2009

Present: Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC No.37/2008

Suresh,

S/o.Damodharan Nair,

Puthupada Nair House,

Pachathiri.P.O,

Tirur,

Malappuram. - Complainant

(By Adv.John John)

Vs

Suryanarayanan,

S/o.Sankaranarayanan,

Chamathaparambil,

Palappuram(P.O),

Ottapalam Taluk,

Palakkad. - Opposite party

(By Adv.P.Sreeprakash)

O R D E R

By Smt.Bhanumathi.A.K, Member

The complaint in brief is as follows.

The complainant has entered into an agreement on 07.11.06 with the opposite party to construct a residential building at the rate of Rs. 430 per sq. ft. An amount of Rs.50,000/- was paid as advance. As the work progressed the complainant paid a total amount of Rs.5,06,850/- in several instalments over and above the advance of Rs.50,000/-. According to the agreement the work should be completed within the period of 11 months. But till the date of filing this complaint the work completed by the opposite party are foundation work, construction of walls, roof concreting, flooring concreting except toilet, fixing of window frames and door frames, plastering work of inside of hall and kitchen. On inspection it is found that the work done by the opposite party is of low quality. The sunshade is not covered properly. As a result the rods are visible. The rod used for the construction is not TMT rod. It is against the contract. Opposite party failed to provide

enough support for lintel and sunshade and it will collapse at any moment. Due to low standard plastering cracks have developed inside the room. The opposite party stopped the construction work without any reason. The complainant made his best efforts to get the work completed but the opposite party failed to do so. With the help of an expert, complainant made an assessment of the amount spent for the work completed by the opposite party. It is found that only Rs.3,00,000/- is required for the work completed by the opposite party. So opposite party is bound to repay the amount of Rs.2,56,850/- to the complainant. For rectifying the damage caused to the structure due to the unskilled manner of work done by the opposite party Rs.1,00,000/- is required.

2. The above acts of opposite party caused mental agony and financial loss to the complainant. So the complainant approached the forum seeking an order directing the opposite party to pay an amount of Rs.2,56,850/- and Rs.1,00,000/- as compensation for mental agony.

3. Complaint was admitted and sent notice to opposite party. Opposite party made appearance through counsel. Opposite party filed no version and affidavit. Complainant filed proof affidavit and Exts.A1 to A6 are marked. Commission report is marked as Ext.C1.

4. It is evident from Ext.A1 that there was an agreement between complainant and opposite party for constructing a residential building at the rate of Rs.430/- per sq. ft. An amount of Rs.50,000/- also paid as advance. Over and above the advance an amount of Rs.5,06,850/- also paid by the complainant in several instalments and endorsed on the back side of the agreement. Even though a total amount of Rs.5,56,850/- was paid, many works are left unfinished. Moreover the work done by the opposite party was of very low quality. According to the commission report the house mentioned in the complaint is found to be incomplete in many respects. The work done by the opposite party shows that there is poor workmanship and lack of technical supervision. According to Ext.C1, the amount spent by the opposite party to do the work is Rs.4,88,140/-. So the opposite party is bound to repay the excess amount received from the complainant. The photos which are marked as Ext.A2 (series) also show the low standard of work done by the opposite party. Moreover it seems that opposite party admits all the contentions alleged by the complainant as opposite party did not file version and affidavit to prove their contentions.

5. In the result the complaint is allowed. The opposite party is directed to repay an amount of Rs.68,710/- (Rupees Sixty eight thousand seven hundred and ten only) to the complainant and Rs.2,000/- (Rupees Two thousand only) as compensation and Rs.2,000/-

(Rupees Two thousand only)as cost of the proceedings. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.

6. Pronounced in the open court on this the 31^st day of July, 2009

Sd/-

Preetha.G.Nair

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Agreement

Ext.A2 Series – Photos (7 Nos.)

Ext.A3 – Copy of lawyer notice sent by complainant to opposite party

Ext.A4 – Postal receipt

Ext.A5 – Acknowledgement card

Ext.A6 – Copy of lawyer notice sent by opposite party to complainant

Exhibits marked on the side of opposite party

Nil

Ext.C1 – Commissioner's report

Cost (allowed)

Rs.2,000/- (Rupees Two thousand only)