BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Friday the 01st day of October, 2010
C.C. No. 163/08
Between:
Sateesh alias K. Sateesh Kumar,
S/o. K.Sambaiah,
R/o. Plot.No.171,
Ramlingeswara Nagar,
Venkata Ramana Colony,
Kurnool ,
Kurnool District. …Complainant
-Vs-
Y.Suresh Kumar,
Contract Business,
R/o. H.No.2/19/10-3,
Balaji Nagar, Venkata Ramanan Colony,
Kurnool-6. …Opposite Party
This complaint is coming on this day for orders in the presence of Sri. S. Jeevitheswar , Advocate, for complainant, and Smt. D.S. Sai Leela , Advocate for opposite party and upon perusing the material papers on record, the Forum made the following
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 163/08
1. This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OP
(a) complete the house construction as per the condition entered
by complainant and OP (or)
(b) to refund the amount of Rs.1,30,903.60 assessed by Retd., Civil Engineer .
(c) to grant the costs of the complainant & future interest on Rs.1,30,903.60.
(e) to grant such other reliefs as the Hon’ble Forum may deem fit and proper in the in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The OP is a Civil Engineer and he is doing contract business of constructing houses . On 15-12-2006 the OP agreed to construct a Duplex house in the site of complainant in Ramalingeswara Nagar, V.R Nagar colony , Kurnool. The complainant agreed to pay an amount of Rs.5,50,000/- to the OP in 7 installments. The complainant and the OP entered into an agreement on 15-12-2006. The OP agreed to construct the building with the following specifications RCC foundation, RR masionery in C.M. Basement , RCC framed super structure , Brick masonary with two side plastering of partition walls, Main door, Teak (Internal Doors & windows) , country wood of wood work , B.C. Polished slabs flooring , Electrical , Plumbering and sanitary of I.S.I standard fittings , painting inside and outside of the building with lime wash two coats, Elevation snowcem doors, windows enamel with flooring in safari or B.C rough . The complainant paid Rs.5,50,000/- as agreed upon to the complainant. The payment made one endorsed on the back of the agreement . The OP not completed the work mentioned in the agreement . The complainant got assessed the incomplete work through a Retd., Civil Engineer . He estimated the value of the incompleted work at Rs.1,30,903.60. The complainant also paid Rs.1,000/- to the Retd., Civil Engineer towards fees. The complainant got issued a legal notice to the OP explaining the deficiency of the work and demanding to refund the amount. The OP did not complete the work. There is deficiency of service on the part of the OP. Hence the complaint.
3. OP filed written version stating that the complaint is not maintainable. The construction of the work was completed within 150 days as per specifications mentioned in the agreement and the complainant joined in the house. The approximate value of the incomplete work is about Rs. 20,000/- . The complainant did extra works which are not mentioned in the agreement . On the request of the complainant the OP laid the marble flooring instead of B.C. Polish slabs in the hall in the 1st floor, ground floor, stair case and in the bed rooms. For it the OP incurred extra amount. The complainant also insisted to have bigger window than the general window . The OP incurred additional amount of Rs.10,000/- for the extra work done by the OP. The complainant had to pay an amount of Rs.31,678/- . The valuation given by Retd., Civil Engineer is not correct. The complainant instead of paying extra amount of Rs.31,678/- incurred by the OP got this complaint filed unnecessarily . There is no deficiency of service on the part of the OP. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A5 are marked . Sworn affidavits of the complainant and Sri. T. Subba Rao , Retd., Asst., Engineer , Irrigation Department are filed. On behalf of the opposite party Ex.B1 is marked and the sworn affidavit of OP is filed.
5. Both parties filed written arguments.
6. The points that arise for consideration are
(i) whether there is deficiency of service on the part of the OP ?
(ii) whether the complainant is entitled to the relief as prayed for?
(iii) To what relief?
7. Points No.1 & 2 :- Admittedly the complainant and the OP entered into an agreement on 15-12-2006 under which the OP agreed to construct a duplex house in the site of the complainant . It is also admitted that the OP agreed to construct the house for Rs.5,50,000/- . Admittedly the complainant paid the said amount of Rs.5,50,000/- to the OP in installments .The OP constructed the house. It is the case of the complainant that the OP did not complete the construction of the work as per the specifications mentioned in the agreement Ex.A1 , that he got estimated the value of the incomplete work through a Retd., Civil Engineer and that the Civil Engineer estimated the value of the incomplete work at Rs.1,30,903/- . According to OP he is not liable to pay any amount to the complainant and that the complainant is liable to pay Rs.31,678/- to him for the extra work done by him.
8. The OP in his written version clearly admitted that the value of the incomplete work is approximately Rs.20,000/- . The complainant filed Ex.A2 report dated 31-01-2008 of the Retd., Civil Engineer .The complainant also got filed the sworn affidavit of Sri. T. Subba Rao , Asst., Engineer Irrigation Department. In the affidavit of the engineer it is clearly stated that the value of the incomplete work is Rs.1,30,903/- . At the instance of the complainant an Advocate Commissioner was appointed in I.A. 47/10. The learned commissioner visited the house of the complainant and filed the report stating that the items of the incomplete work mentioned in Ex.A2 report of the Civil Engineer were not completed by the date of inspection. The learned commissioner also examined one Sri.P.V.Chaliah, Civil Engineer to show that the items of the incompleted work mentioned in Ex.A2 are not completed . From the material available on record it is very clear that the OP did not complete the work as agreed upon and there is deficiency of service .
9. The complainant filed the complaint claiming an amount of Rs.1,30,903/- from the OP . The complainant claims the said amount basing on Ex.A2 report of the Retd., Civil Engineer . It is the case of the OP that he executed the extra work worth Rs.51,678/- at the instance of the complainant and that the complainant has to pay an amount Ex.51,678/- . According to Ex.A1 agreement the flooring should be with BC polish slabs. The learned commissioner who visited the house of the complainant filed his report stating that the ground floor and 1st floor of the building are laid with Rajasthan Marbles . This is a clear indication that the OP did some extra work than mentioned in the agreement Ex.A1. The OP valued the extra work done by him at Rs.51,678/- . The Civil Engineer who estimated the value of the incomplete work did not take into consideration value of the extra work done by the OP. The complainant has to pay for the extra work done by the OP. As already stated the competent Civil Engineer estimated the value of the unfinished work at Rs.1,30,903/- . The complainant is entitled to balance amount of (Rs.1,30,903/- - Rs. 51, 678/-) Rs. 79,225/- .
10. Point No.3: In the result the complaint is partly allowed directing the OP to pay Rs.79,225/- with subsequent interest at 9% from the date of the complaint i.e 29-09-2008 till the date of payment along with costs of Rs.500/-.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 01st day of October, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the opposite parties:
Ex.A1. Agreement dated 15-12-2006 along with building plan.
Ex.A2. Assessment report dated 31-01-2008.
Ex.A3. Office copy of legal notice dated 23-06-2008 along with postal receipt.
Ex.A4. Returned cover.
Ex.A5. A bunch of photos along with negatives.
List of exhibits marked for the complainant:-
Ex.B1. Extra cost of work done by OP.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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