Kerala

Idukki

CC/15/119

N C Antony - Complainant(s)

Versus

K T Shaji - Opp.Party(s)

Adv.Babu Sebastin

26 Jul 2019

ORDER

DATE OF FILING : 25.3.2015

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of July, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.119/2015

Between

Complainant : N.C. Antoney, @ Binoy, S/o. Chacko,

Nadukkudiyil House,

Kodikkulam, Thodupuzha,

Idukki.

(By Adv: Babu Sebastian)

And

Opposite Party : Shaji K.T., S/o. Thankappan,

Kunnel House,

Kodikkulam, Thodupuzha,

Idukki.

(By Adv: K.M. Sanu)

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

Case of the complainant is that :

 

Complainant entrusted the plumbing and wiring works to the opposite party for his newly constructed house in the year 2017. Opposite party agreed to finish the work within the agreed time in his full responsibility. Eventhough the opposite party received money from the complainant so many times, he failed to complete the work of the house. So the complainant contacted him through phone and requested him to complete the work and the opposite party done some more works in the house. Thereafter the opposite party evaded from completing the work after receiving the lion share of his labour charges. Thereafter the opposite party received some more money from the complainant for purchasing the wiring materials. Evenafter that also opposite party failed to complete the work. Then the opposite party started the work in the year 2013 after a long gap. Complainant further stated that the wiring and plumbing materials which was purchased by him was not used by the opposite party fully, it caused much financial loss to the complainant. Moreover, the work done by the opposite party was fully defective due to that the home theatre of the complainant is damaged. Moreover, complainant found clay, cement and cloth

(cont....2)

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pieces inside the taps and pipes which was fitted by the opposite party. The electrical and plumbing work done by the opposite party is in a careless manner and the work done by the opposite party is defective and it caused much mental agony and financial loss to the complainant.

 

Complainant further stated that, when he met the opposite party in the month of January 2015, he again requested him to complete the work. At that time opposite party demanded Rs.2000/- as balance labour charges. So the complainant given Rs.2000/- to the opposite party on 14.1.2015. Eventhough the complainant waited for one week, opposite party has not done any work as he promises. Hence the complainant is constrained to entrust the balance work, which was not complied by the opposite party to another person. On getting this information, opposite party approached the complainant and abused him and filed a petition before the police station, Kaliyar against the complainant stating that complainant is bound to pay balance labour charge of Rs.7795/- to the opposite party. On the basis of this petition, police authorities summoned the complainant. The complainant approached the police authorities and in the presence of the opposite party, Police Officers forced him to pay Rs.7000/- as balance labour charge to the opposite party. Since there is no other way, complainant constrained to agree the demand of the Police Officer and signed in the agreement as they demanded. Complainant further stated that due to the interference of the sister of the opposite party, who is a Senior Civil Police Officer, the complainant forced to put signature by threat and coercion.

 

The complainant further stated that the act of the opposite party in not completing the electrical and plumbing work of the house of the complainant after receiving the agreed labour charge is gross deficiency in his service and hence he filed this complaint for getting relief such as to direct the opposite party to cure the defects of the plumbing and electrical works done by him and also direct him to pay Rs.19,375/- which was given by the complainant along with cost.

 

Upon notice, opposite party entered appearance and filed detailed reply version by denying the averments of the complainant. Opposite party further contended that opposite party finished the electrical and plumbing work of the complainant's house within time. The materials for this was provided by the complainant himself and opposite party has not purchased any items.

 

Opposite party further contended that the work was started on 19.6.2012 and finished on 1.10.2012 by installing motor and water tank. If any delay is

(cont....3)

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caused in this work, that was only due to the delay in purchase of materials by the complainant himself. Before starting the work, they orally agreed the labour of wiring was Rs.9940/- and plumbing was Rs.6655/-. Out of this complainant given Rs.6800/- in total in different times. When the time of finishing the works, the opposite party demanded balance labour charges and at last in the month of November 2014, complainant paid Rs.2000/-. At that time the balance outstanding was Rs.7795/-.

 

Thereafter the opposite party approached the complainant so many times for getting back the balance amount. Since the complainant had not turned up. Opposite party filed a petition before the police authorities and in their presence, the complainant, in the month of January 2015, agreed to pay the balance labour charge within 20 days.

 

Opposite party further stated that as per the completion certificate issued by the opposite party to the electricity board authorities, they given electricity connection to the building on 28.11.2012, after satisfying the work of the opposite party. Likewise no defect is happened in plumbing works done by the opposite party in this house.

 

Opposite party further contended that, the complainant approached this Forum and filed this complaint only for evading from the payment of labour charges as agreed. If any default is found in the work of the opposite party, it will damage all the electric items including tube lights of this house. The damages caused to the home theatre was due to some other reasons and not as alleged. Moreover, complainant raised this issue only now, since the work was completed in the year 2012 and he got connection in November 2012.

 

Opposite party further stated that, he was very expert in this field and having contractor licence. He was in this field for 10 years in Gulf countries and having 20 years experience in the area. Hence no deficiency in service has been caused from the opposite party in this matter and at the same time complainant is bound to pay Rs.7795/- as labour charges to the opposite party. Under this circumstances, complaint is liable to be dismissed with compensatory cost.

 

In this case, two experts were appointed as per the order in IA 9/2016. The Assistance Engineer, PWD Building Section was appointed to examine the plumbing works of the alleged building and filed report. One Padmakumar,

(cont....4)

 

- 4 -

HOD, Govt. Polytechnic, Muttom was appointed to give expert opinion regarding the wiring works of the alleged house. Both the experts filed reports.

 

Evidence adduced by the complainant by way of proof affidavit and documents. Complainant was examined as PW1. Exts.P1 and P2(series) photographs are marked. Expert commissioner Soumya and Padmakumar were examined as PW2 and PW3 respectively and Exts.C1 and C2 commission reports are marked. One Joseph V. Mathew was examined as PW4. From the opposite side, opposite party was examined as DW1 and Exts.R1 to R3 marked. Ext.R1 is the copy of petition filed before the Kaliyar Police Station. Ext.R2 is the copy of reply given by the KSEB authorities, Vannappuram, as per RTI Act. Ext.R3 is the statement of account.

 

Heard both sides.

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

 

The POINT :- We have heard the counsel for both the parties and had gone through the records.

 

It is an admitted fact that the complainant entrusted the plumbing and wiring work of his house to the opposite party in the year 2012. As per records, it is seen that opposite party started work on 19.6.2012 and completed on 1.10.2012. On perusing Ext.R2, the reply given by the electricity authorities, Vannappuram, it is very clear that they given electric connection to the complainant's house on 28.11.2012 on the basis of the completion certificate given by the opposite party, being a licensed electrical contractor, after due verification. On going through the deposition of witnesses and Ext.R1 copy of petition lodged by the opposite party before the police, it is found that, as per record, complainant admitted before the police that, he will repay an amount of Rs.7795/- to the opposite party within 20 days from 6.2.2015. This may be due to coercion or undue influence from the part of the police officials and this cannot be taken in consideration. At the same time, it is very doubtful that, what prevented the complainant immediately file a complaint against the police officials to their higher authority. Here it is noted that the complainant filed this petition before the Forum on 25.3.2015, that is, one month after the date of agreed payment as per Ext.R1.

 

(cont....5)

- 5 -

As per the order of this Forum, the expert commissioner inspected the wiring and plumbing works done by the opposite party in the alleged house and filed expert report. On perusing the reports, the Forum convinced that there is no serious defects found or reported in the electrical and plumbing work done by the complainant. Both the experts reported that minor defects are noted there in plumbing and electrical work of the alleged house.

On perusing the evidence on record it is seen that this matter can be settled by the parties in an amicable way and no need to spend as much amount by way of commission bata etc.

 

In Ext.R1, it is admitted by the opposite party that, he is ready to complete the balance pending works, if the complainant pay the balance labour charges. Since the complainant has not raised any objection to this Ext.R1 agreement, both the parties are bound to obey this.

 

The photographs produced by the complainant and marked it as Exts.P1 and P2, shows that there is some minor defects in plumbing and wiring work in the alleged house as stated in Exts.C1 and C2 report. Since complainant has not produced any evidence to convince that he paid all the labour charges as agreed, he is bound to pay the balance labour charges as per Ext.R1, subject to the condition that the opposite party complies the above direction. This complaint is decided as such. No order to cost and compensation.

 

Pronounced in the Open Forum on this the 26^th day of July, 2019

 

 

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

 

 

Sd/-

SMT. ASAMOL. P., MEMBER

 

 

 

 

 

(cont....6)

 

- 6 -

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - N.C. Antoney.

PW2 - Soumya C.S.

PW3 - Padmakumar K.

PW4 - Joseph V. Mathew.

On the side of the Opposite Party :

DW1 - Shaji K.T.

Exhibits :

On the side of the Complainant :

Exts.P1 & P2 - Photographs.

Ext.C1 - Commission Report dated 2.5.2016.

Ext.C2 - Commission Report dated 20.3.2018.

On the side of the Opposite Party :

Ext.R1 - copy of petition filed before the Kaliyar Police Station.

Ext.R2 - copy of reply given by the KSEB authorities, Vannappuram,

as per RTI Act.

Ext.R3 - statement of account.

 

 

 

Forwarded by Order,

 

 

 

 

SENIOR SUPERINTENDENT