Tamil Nadu

South Chennai

CC/56/2006

Mohamed Sultan Surajudeen - Complainant(s)

Versus

The Pillars - Opp.Party(s)

M/s Inamdar Ameenur Rahman,

18 Jan 2018

ORDER

                                                                                                                           Date of Filing  : 26.12.2005

                                                                          Date of Order : 18.01.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

CC. NO.56/2006

THURSDAY THE 18^th DAY OF JANUARY 2018

1.  Mohamed Sultan Surajudeen and

2) Mrs. Zannera Sirajudeen, rep.

By  their General power of Attorney,

Mrs. S. Rahmath Bi,

No.9/2, Sulaiman Zackria Avenue,

Casa Major Road,

Egmore,

Chennai 600 008.                                            .. Complainants.

 

                                      ..Vs..

 

1. The Pillars,

Builders & Promoters,

New No.54 Saravana Street,

T.Nagar,

Chennai 600 107.

 

2. Rep. By its Partner,    

Mr.C. Ravikumar,

S/o. C. Saravanan,

16, Arcot Street,

T.Nagar, Chennai 600 017.                         .. Opposite parties.

 

 

Counsel for complainant         :  M/s. Inamdar Ammenur  RAHMAN

Counsel for opposite parties   :  M/s. M.Vijayakumar & another  

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section  12 of the Consumer Protection Act 1986 seeking direction to complete the works and to pay a sum of Rs.2,00,000/- for damages and to pay Rs.50,000/- for mental agony and to pay cost of the complaint. 

1. The averments of the complaint in brief are as follows:

          The complainants submit that they purchased the  apartment from the opposite parties by sale deed dated 8.10.2003 and entered into a construction agreement with the opposite parties for a sum of Rs.    13,61,875/-.   The complainants took possession of the apartment during the month of September 2004 and let out the flat for rent to one Dr. Nazira Sadique. While taking possession of the property there are incomplete works that were to be done by the opposite parties is as follows:

        1.Even after one year and one month of occupation, the building construction is still incomplete all around because of which.

        2. There is  water seepage from every wall, window grills and floor of the house.

        3) Water collects in the main junction box and phone connections – electrical hazard?

        4) Stair case and approach to the house is till incomplete, inconvenient and is not properly laid, cemented or tiled.

        5) There is no provision for water supply as there is no proper overhead water tank.

        6) Because of water seepage and faulty construction furniture and electrical appliances have been damaged beyond repair.

        7) Signs of rust and short circuit spreading across the wall of the hall.

        8) There are five tenants in the complex and for all the five tenants only one 1000 liter sintex tank has been kept in the roof and 200 liter of water for each tenant is absolute insufficient thereby putting all to great difficulty and hardship.

Since the opposite parties has not done the work which caused the complainants and the  occupant great inconvenience and mental agony.    The complainants issued legal notice dated 31.10.2005 for which the opposite parties sent reply dated 15.11.2005.  The complainants also sent rejoinder dated 9.12.2005.  Since the opposite parties has not come forward to rectify the defects.    The act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant. 

2. The brief averments in the written version filed by the opposite parties is as follows:

The  opposite parties deny each and every allegations except those that are specifically admitted herein.   The opposite parties submit that  the complainants herein entered Builders agreement with 1^st opposite party herein.  As per builders agreement this opposite party has constructed the flat as per the specification without deviation.  The complainant after satisfying everything took possession of the flat.   The opposite parties also submit that  nearly one year after taking possession of flat she has  issued advocate notice dated 31.10.2005 alleging some in-complete works.   After receiving the reply notice the complainant came forward with a new story that flat was constructed against approved plan.  It is absolutely false.    The opposite parties also state that as per the specification there is no pending works and as there is no pending works the question of mental agony does not arise.  There is no deviation of CMDA plan.   Even perusal of engineer report filed along with complaint does not specify the date of inspection of flat.  Hence the report is not reliable.   There is no deficiency in service on the part of the opposite  parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainants has filed proof affidavit as their evidence and documents Ex.A1 to Ex.A12 marked.  Proof affidavit of the opposite parties filed and  no documents  marked on the side of the  opposite parties.,

4.      The points for consideration is :

1. Whether the  opposite parties are liable to complete the pending work as   prayed for ?

2. Whether the complainant is entitled to a compensation    of Rs.2,00,000/- towards damages for furniture and appliances with interest and Rs.50,000/- towards mental agony with cost as prayed for ?

5.      POINTS 1 & 2 :

 

        The complainants has not turned up to advance any oral argument.   Heard opposite parties counsel.    Perused the records (viz) complaint, written version, proof affidavits and documents.  Admittedly the complainants purchased the  apartment from the opposite parties by sale deed Ex.A3 dated 8.10.2003 and entered into a construction agreement with opposite parties for a sum of Rs.13,61,875/- as per Ex.A4.    The complainants took possession of the apartment during the month of September 2004 and let out the flat for rent to one Dr.Nazira Sadique. While taking possession of the property there are incomplete works that were to be done by the opposite parties is as follows:

        1.Even after one year and one month of occupation, the building construction is still incomplete all around because of which.

        2. There is  water seepage from every wall, window grills and floor of the house.

        3) Water collects in the main junction box and phone connections – electrical hazard?

        4) Stair case and approach to the house is till incomplete, inconvenient and is not properly laid, cemented or tiled.

        5) There is no provision for water supply as there is no proper overhead water tank.

        6) Because of water seepage and faulty construction furniture and electrical appliances have been damaged beyond repair.

        7) Signs of rust and short circuit spreading across the wall of the hall.

        8) There are five tenants in the complex and for all the five tenants only one 1000 liter sintex tank has been kept in the roof and 200 liter of water for each tenant is absolute insufficient thereby putting all to great difficulty and hardship.

Since the opposite parties has not done the work, caused the complainant and the  occupant great inconvenience and mental agony.  The complainants engaged an engineer who assessed the in-complete work and filed his report Ex.A10.     The complainants issued legal notice Ex.A6 dated 31.10.2005 for which the opposite parties sent reply Ex.A7 dated 15.11.200.  The complainants also sent rejoinder Ex.A8 dated 9.12.2005.  Since the opposite parties has not come forward to rectify the defects,  the complainants  were constrained to file this case.

6.     The contention of the opposite parties is that after completing the construction and after due satisfaction the complainant took possession of the property and letout to tenant.  The allegation that there are several incomplete work left behind the opposite parties is absolutely false.   But on a careful reading of the complaint that there is a water seepage in window grills and floor of the house,  Water collects in the main junction box & electrical harazard, stair case  and approach to the house is till incomplete, inconvenient and is not properly laid, cemented or tiled,  there is no provision for water supply as there is no proper overhead water tank, water seepage and faulty construction furniture and electrical appliances have been damaged, etc.  are not acceptable in total; because admittedly tenant are residing in the house.  The Engineer report also unilateral.  The photographs coupled with Engineer’ report showing certain defects cannot be  acceptable in total.   The complainant has not  taken any steps to appoint Advocate Commissioner  to find out the defects.   Considering the facts and circumstances of the case this forum is of the considered view that the complainants are not entitled to any relief sought for in this complaint and the points are answered accordingly.

        In the result, the complaint is dismissed.  No cost.

          Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 18^th day of January 2018. 

MEMBER –I                                                                           PRESIDENT.

COMPLAINANT’S SIDE DOCUMENTS:

Ex.A1- 26.4.2002 - Copy  of Sanctioned plan

Ex.A2- 2.7.2003  - Copy of General Power of attorney.

Ex.A3- 8.10.2003 - Copy of sale deed.

Ex.A4- 7.7.2003  - Copy of agreement for sale of undivided share in land

Ex.A5- 5.3.2003  - Copy of letter containing the details of flat.

Ex.A6- 31.10.2005-Copy of legal notice.

Ex.A7- 15.11.2005-Copy of reply notice.

Ex.A8- 9.12.2005 -  Copy of rejoinder.

Ex.A9-             -  Copy of Sketch.

Ex.A10-           - Copy of Engineers Report.

Ex.A11-           - Copy of deluxe specification.

Ex.A12-           - Copy of Photographs.

OPPOSITE  PARTIES SIDE DOCUMENTS:  .. Nil..

 

MEMBER –I                                                                           PRESIDENT.