Complaint presented on :10.03.2014
Order pronounced on :18.03.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (NORTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L., : PRESIDENT
TMT.T.KALAIYARASI, B.A.B.L., : MEMBER II
WEDNESDAY THE18th DAY OF MARCH 2015
C.C.NO.48/2014
Mrs.K.Rajeswari,
W/O Mr.S.Natrajan,
Door No 37,F-1,
First Floor,
Dr.Ambedkar Street,
Arumbakkam,
Chennai-600 106.
... Complainant
..Vs..
| Win Engineers and Promoters Represented by its proprietor Mr.Manimaran, No.3,Ambalavanan Street, 100 Feet Road, Arumbakkam, Chennai – 600 106. | … Opposite party |
Date of complaint : 13.03.2014
For Complainant : Mr.R.Elango
For Opposite parties : Exparte
O R D E R
BY PRESIDENT,THIRU K.JAYABALAN B.SC.,B.L.,
Complaint filed under section 12 of the Consumer Protection Act 1986 for a direction to the opposite parties for mental agony suffered and costs of the complaint.
1. COMPLAINT IN BRIEF:
The opposite party is a builder. The complainant approached the opposite party and agreed to purchase a flat for a sum of Rs.37,50,000/- and the same was paid by availing bank loan amount of Rs.20,00,000/- both of them ended to construction agreement on 16.08.2011 and the opposite party for builder agreed to complete the construction of the flat 6 months. The cost of the flat of Rs.37,00,000/- includes electricity, water and sewerage connection. The opposite party executed a sale deed on 27.9.2011 in favour of the complainant. Though the opposite party received the entire sale consideration he had committed deficiency in service by using the very cheap materials for construction, have not obtained separate EB connection with separate meter and have not given proper metro water, sewerage connection, bore well, safety gate, proper sanitation and not painted the parking gate, outer wall etc., Since the opposite party not provide separate EB connection meter the slab system of the electricity bill comes very huge and consequently he meets unnecessary extra expenditure. The complainant requested the opposite party several occasion to rectify the above said defects and however he had not done the same. Such a practice of the opposite party not rectifying the defects is an unfair trade practice. The flat was delivered to the complainant without completing the same. Hence the complainant prays to direct the opposite party to rectify the above defects and also direct them to pay a sum of Rs.10,00,000 as compensation with cost of the complaint.
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2. The opposite party though appeared with counsel and he has not filed the written version inspite 98 days time given to file written version and hence the opposite party was set exparte on 22.07.2014.
3. The Complainant had filed his proof affidavit and documents and Ex.A1 to Ex.A5 were marked on the side of the complainant. Opposite party remained exparte.
4. THE POINTS FOR CONSIDERATION:
1) Whether the opposite party committed deficiency in service?
2) To what relief the complainant is entitled to?
5. POINT NO : 1
The opposite party is a builder and promoting the construction of the flats. Complainant approached the opposite party to purchase a flat. The complainant entered into an Ex.A2 agreement of sale dated 16.08.2011 with the opposite party for the purchase of 466sq.ft undivided share of land the total extent of 1132 sq.ft. The sale consideration of Rs.4,89,000/-(Rupees four lakhs eight nine thousand only) for the undivided share paid by the complainant to the opposite party and the opposite party also executed Ex.A3 sale deed in favour of the complainant in respect of undivided share. Both of them entered into an Ex.A1 construction agreement dated 16.08.2011 by fixing the construction cost of the flat is Rs.37,50,000/-(Rupees thirty seven lakhs and fifty thousand only) The opposite party delivered the flat to the complainant on may 2013 in a incomplete construction . According to the complainant the opposite party used very cheap materials for the construction of the flat and he had not given proper metro water connection, sewerage connection, bore well, safety gate and proper sanitation etc and further the opposite party not plastered the outer wall, not painted the parking gate, poor quality of the materials used in the windows, doors and switchboards cracks are appearing in the walls .The construction cost as per Ex.A1 construction agreement is Rs.37,50,000/-(Rupees thirty seven lakhs and fifty thousand only) Under Ex.A5 receipts the total amount paid for the construction comes to Rs.27,50,000/-(Rupees twenty seven lakhs and fifty thousand only) and under Ex.A6 receipts the total amount paid the opposite party comes to Rs.10,00,000/-(Rupees ten lakhs only) and thus under Ex.A5 & Ex.A6 total amount paid towards construction cost is Rs.37,50,000/-/-(Rupees thirty seven lakhs and fifty thousand only) Though the complainant paid the entire amount as per Ex.A1 construction agreement the opposite party have not completed the construction properly as stated above and therefore it is held that the opposite party committed deficiency in service.
6. POINT NO: 2
The opposite party had delivered the flat to the complainant in May 2013. According to the complainant the opposite party had not provided proper Electricity connection, Metro water connection, drainage connection and rain water harvesting and in view of such a incomplete works the complainant suffered with mental agony and for which she is entitled for compensation and the opposite party also to be directed to rectify the above defects and accordingly for such relief the complainant is entitled, besides cost of complainant.
In the result the complaint is partly allowed. The opposite party is directed to provide proper Electricity connection, Metro water connection, drainage connection and rain water harvesting in the building within a period of two months from the date of this order and also directed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) as compensation besides a sum of Rs.2,000/- (Rupees two thousand only) as cost of Complaint to the Complainant. Further, the Opposite party is directed to pay the said amounts within 6 weeks from the date of receipt copy of the order, failing which the said amounts shall carry interest at the rate of 9% per annum till the date of payment.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this 18th day of March 2015.
MEMBER-II PRESIDENT
LIST OF DOCUMENTS ON THE SIDEOF THE COMPLAINANT:
Ex.A1 Dated 16.08.2011 Construction Agreement
Ex.A2 Dated 16.08.2011 Agreement of sale
Ex.A3 Dated 27.09.2011 Sale deed
Ex.A4 Dated Nil Photo
Ex.A5 Dated 16.08.11,22.08.11,
27.09.11,10.10.11,21.11.11
10.12.11,11.12.11,15.03.12,09.04.12 Receipts
Ex.A6 Dated 27.04.12,13.06.12,13.06.12,
06.10.12,22.11.12,17.12.12,05.02.13,
06.02.13. Receipts
MEMBER-II PRESIDENT
