This Complaint coming up before us for hearing on 27-12-11 in the presence of Smt. B.Vasavi, advocate for the complainant and of Sri S.Nageswara Rao, advocate for opposite party, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-
O R D E R
PER SMT.T.SUNEETHA, LADY MEMBER: The complainant filed this complaint under section 12 of Consumer Protection Act seeking directions on the opposite party to pay Rs. 1,00,000/- towards repairs of the two staired building or to complete the repairs and handover to the complainant in good condition and award Rs. 1,00,000/- towards mental agony.
2. In brief the averments of the complaint are these:
The complainant and the opposite party made an agreement of contract for two storied house construction with materials for an amount of Rs. 3,50,000/-.
3. As per the agreement of contract, the opposite party given guarantee to this complainant for the construction work and materials. The complaint paid Rs.1,00,000/- on 01-10-2008 , Rs.50,000/- on
laying the slab day Rs. 50,000/- for the lintal work for the upstairs, on 18-02-209, Rs.50,000/- day before the slab day on 08-09-2009, and after the completion of the work, the complainant paid Rs.20,000/- to the opposite party.
4. The complainant complained about the construction faults of the building such as Cracks in the walls, the roof slab was not perfectly matched, when the rain raining, the leakage of water from the slab is seen and some cracks was seen by the opposite party and told the complaint that he will do the needful work immediately. But the opposite party did not came to the constructed house to clear the fault works.
5. The total investment of the complainant was put to futile and the building was not useful for living. When the complainant approached masons they deliberately told that another Rs.1,00,000/- is to be invested to rectify the faults and final touchups. The complainant strained mentally and physically due to irregular works of the opposite party. Hence, the complaint.
Opposite Party filed version and its contents in brief:
6. Opposite party submits that as per the agreement completed the construction work in a well accomplished manner and there is no scope for cracks or damage or faults to the complaint’s building and the same is invented story made only for the purpose of blackmailing and to have wrongful gain for himself to avoid payment for the excess works done by this opposite party.
7. This opposite party submits that the complainant filed the present complaint after completion of work by two years or more to which the opposite party is not at all responsible and for the use and occupation the said faults might have occurred which cannot be fastened to this opposite party. This opposite party therefore prays that the Hon’ble court may be pleased to dismiss the complaint as not maintainable.
Both parties filed their respective affidavits.
Exhibits A1 to A9 were marked on behalf of the complainant.
No documents were marked on behalf of the opposite party.
10. Now the points for consideration are:
1. Whether the opposite party committed deficiency of service?
2. To what relief the complainant is entitled to?
11. POINT No.1& 2:
The complainant alleged about the defective construction made by the O.P. The defects such as cracks in the walls and the unmatched roof slab resulted in leakage of water when rain occurs. The Supreme Court in Lucknow Development Authority Vs M.K. Gupta, AIR 1994, SC 787 held, “when the contractor or builder undertakes to erect a house or flat then it is inherent in it that he shall perform his obligations as agreed to. A flat with a leaking roof, or cracking wall or substandard floors is denial of service.
12. The OP having received the payment for construction work failed to deliver the house in good condition which amounted to deficiency of service.
13. However, the OP filed a memo to the forum, stating that he would rectify the defects. The following is the contents of the memo.
“it is submitted the complaint filed stating that there is crack in the wall and slab was not matching. The OP is ready and willing to rectify the same if the Hon-ble court is order. Hence, It is therefore prayed that the Hon’ble forum may be pleased to direct the OP and direct that complaint to allow me to see and rectify the problem and the same may be record”.
14. In view of the above discussion the Forum opines that directing OP to rectify the defects of cracks in the wall and unmatched roof slab in the house of the complainant would meet the ends of justice.
In the result complaint is allowed in part as indicated below.
1) The OP is directed to rectify the defects of cracks in the wall and unmatched roof slab in the house in question.
2) The OP is directed to pay Rs.1000/- (Rupees one thousand only) towards cost of the complaint.
3) The above order shall be complied within a period of six weeks from the date of receipt of the copy of the order.
Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 29th day of December, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | | Copy of contract entered by the petitioner and OP in telugu version |
A2 | | Copy of Translate version of the above contract |
A3 | 15-09-10 | Reg.Legal notice |
A4 | | Condition of contract |
A5 | 23-08-10 | REgd. Legal notice |
A6 | | Undelivered Regd. Legal notice along with Acknowledgement due |
A7 | 15-09-10 | Office copy of regd legal notice |
A8 | | Acknowledgement |
A9 | 25-09-10 | Reply notice |
For opposite party: NIL
PRESIDENT
