DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 27^th day of March, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.70/2007

M.Krishna Prasad,

S/o.Late M.Swaminathan,

'Mari Kripa', 5/760, Challakkadu,

Marutha road.P.O,

Palakkad. - Complainant

(By Adv.C.S.Mohandas & K.Jyothi Basu)

Vs

V.Rajendran,

Managing Director,

Happy Home,

Happy Projects and Constructions,

6/540, Kodumbu Panchayat,

Palakkad. - Opposite party

(By Adv.C.P.Sreeprasad)

O R D E R

By Smt.Bhanumathi.A.K, Member

The brief facts of the complaint is as follows:

The complainant entered into an agreement with the opposite party on 04/05/06 to construct a residential house to the complainant. As per the condition and specification laid down in the above agreement between the complainant and the opposite party, opposite party has to build and transfer 800 sq. ft. RCC house as per the plan attached along with the agreement and for the construction of the above house 5 cents land to be conveyed and transferred to the name of the complainant. For the land and construction of the house the complainant has to pay Rs.5,70,000/- to the opposite party in installments as stated in the agreement. As per the agreement the opposite party conveyed 5 cents of land in the name of the complainant and started construction of 800 sq. ft. RCC house in the property which should be completed and handed over to the complainant within 6 months from the date of agreement by finishing all the work specified in the agreement.

2. The main contentions of the complainant is that the opposite party failed to comply with the terms of the agreement and hand over the duly completed house to the complainant within the stipulated time. The opposite party has failed to complete the road leading to the house, levelling of

the surroundings, construction of wall, electrical wiring works etc. the materials used for the construction are not of best quality as stated in the agreement. The cracks and damages seen there in the wall and ceiling etc. Opposite party has collected Rs.6,25,000/- instead of Rs.5,70,000/- from the complainant still the construction of the house left unfinished. Moreover the opposite party demands Rs.10,000/- for electrical work and Rs.3,000/- for water connection. The above acts of the opposite party caused many damages to the building and heavy loss and mental agony to the complainant. So the complainant filed this complaint to direct the opposite party to pay an amount of Rs.1,00,000/- to complete the remaining work and Rs.3,00,000/- as compensation for mental agony.

3. Complaint was admitted. Opposite party filed version along with a bill for extra work done in the complainant's site. Opposite party admits that there was an agreement between the parties on 4.5.06. The complainant approached the opposite party for construction of an RCC house measuring 800 sq. ft. on 5 cents of land on 4.5.06 in the name of the complainant and the complainant also made an initial payment of Rs.1,50,000/-. While the construction was in progress the complainant wanted an additional extra construction to be made to the tune of 81 sq. ft. As per the agreement for additional sq ft area over and above 800 sq. ft an amount of Rs.575/- per sq. ft. was agreed to be paid by the complainant to the opposite party. The opposite party submits that a well has been dug at the location stated by the complainant. A road of 5 meter width has been provided with side protection for a distance of 40 meter. The surroundings have been levelled with a pacca way. In all the rooms electrical fittings have been installed with proper earthing. The amount received by the opposite party represents for the work done. The extra amount given by the complainant is for the additional work done by the opposite party. Hence an amount of Rs.40,571/- is due to the opposite party from the complainant. So that there is no deficiency of service on the part of opposite party.

4. Ext.A1 to A7 were marked on the side of the complainant. Ext.A4 and A6 marked with objection. Commission report marked as C1. No documents were marked on the side of the opposite party.

5. Issues to be considered are;

1. Whether there is deficiency of service on the part of opposite party? and

2. If so, what is the reliefs and cost?

6. Points 1 & 2: We perused the relevant documents. The main contentions of the complainant is the opposite party have already collected an amount of Rs.55,000/- in excess from the complainant and still the construction of the house is left unfinished. The opposite party has failed to complete the road leading to the house, leveling of surroundings, construction of wall, electrical wiring works,

room filling and earth rod fittings.

7. The opposite party states in their version that a road of 5 meter width has been provided with side protection for a distance of 40 meters, well has been dug and surrounding has been levelled. According to Ext.C1 the work of the well and the road as well as the cleaning of site is left unfinished. Pointing work of tiles and cupboard work are not completed. The sit out slab work is also not completed. Opposite party says that the sit out work and kitchen cupboard work are additional work done by the opposite party. In the answers submitted by the Commissioner for the questionnaire filed by the opposite party, Commissioner says as the sit out is mentioned in the plan, it cannot be considered as an additional work. According to the Commissioner when he enquired about the kitchen cupboard work to both parties they said orally that the contractor has agreed to do the work. But there is no documentary evidence in support of this fact. Opposite party filed a bill for extra work done in complainant's site. But it can't be considered as an excuse for the non completion of the work as per the terms of the agreement. If at all any amount is due to the opposite party for the extra work undertaken, he can very well approach the Civil Court.

8. According to the Ext.C1 to complete the above mentioned work an amount of Rs.35,000/- is needed including the one for completing kitchen cupboard which is assessed as Rs.15,000/-. In our view, as the kitchen cupboard works comes under the head of additional work, amount assessed for the same has to be reduced from the total amount.

9. In the result, complaint allowed. We direct the opposite party to pay an amount of Rs.20,000/- (Rupees Twenty thousand only) to complete the remaining work, Rs.5,000/- (Rupees Five thousand only) as compensation for the mental agony suffered 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.

10. Pronounced in the open court on this 27^th day of March, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Exhibits marked on the side of complainant

Ext.A1 – Copy of agreement

Ext.A2 (Series) – Copy of lawyer notice, postal receipt and acknowledgement card etc.

Ext.A3 – Reply notice

Ext.A4 - Receipt obtained from Periyar Engineering (with objection)

Ext.A5 – Receipt obtained from Arumughan

Ext.A6 – Receipt obtained from Balan, Road roller payment (with objection)

Ext.A7 – Brochure given by opposite party

Exhibits marked on the side of opposite parties

Nil

Forum's exhibits

Ext.C1 – Commission report

Costs (allowed)

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