Date of Filing: 23-07-2019

                                                                                         Date of Order:04 -6-2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

   HON’BLE  Sri  P.VIJENDER, B.Sc. L.L.B., PRESIDENT

HON’BLE Sri  K.RAM MOHAN, B.Sc. M.A L.L.B.,  MALE MEMBER

HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM.,(PGD (ADR) LADY MEMBER

Thursday, the  4^th day of June, 2020

C.C.No.348 /2019

Between

Mohd Arifuddin

S/o.Late Khairuddin,

Aged about 36 years, Occ: Service,

R/o.9-3-239, Regimental Bazar,

Secunderabad – 500025                                                                ……Complainant

And

Mr. T.Shiva Kumar S/o. Late Shivalingam

9-2-157, 1^st floor, Above Rohini Acquarium,

Opp: Gopalapuram Police Station,

Regimental Bazar, Secunderabad - 500025                           ….Opposite Parties

Counsel for the complainant                      :  M/s.M.A.Madhumathi

Counsel for the opposite Party                 :  Absent

O R D E R

(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)

            This complaint has  been preferred under Section 12 of C.P. Act 1986 alleging  deficiency of service  on the part of the opposite party.

1. The complainant’s case in brief is that  opposite party is a reputed builder  and there was an agreement  between them for construction of   a house consisting of Ground+ 2 Upper floors as per the specifications agreed by both the parties . Both the parties  signed on  specifications agreement but opposite party  did not sign the construction agreement  after receipt  of initial payment as he backed out with regard to certain items  and the complainant went ahead with the payment of amount to the opposite party though opposite party did not sign the contract agreement.  As per the  agreed terms the opposite party has to complete the  construction of the house by July 2018 but opposite party did not complete it in the given time and delivered  semi-finished  house and it was difficult for the complainant  to live in the said house without furnishing works.  The request made by the complainant with  opposite party to complete all the works  was in vain.  The complainant intend to let out 1^st floor and he was subjected to monetary loss  by way of rent of Rs.13,000/- per month  and on account of delay caused he could not let out the 1^st floor.  Therefore complainant entitled for the compensation  from the opposite party at the rate  of Rs.13,000/- per month and  the total amount comes to Rs.1,56,000/-.   The opposite party used inferior quality of material  and the complainant got estimated the value of the works to be done  at  Rs.3,50,000/-.  The  estimate got prepared by the complainant for  the value of the  inferior quality  material  to be replaced is Rs.2,00,000/-  and  entitled  for this amount and also compensation of Rs.5,00,000/-.  Complainant got issued a legal notice to the opposite party calling upon him to pay the amounts  but opposite  party unclaimed it. Hence the present complaint to reimburse the amount spent by the complainant  and  pay  loss of rental income   and compensation of Rs.5,00,000/- and cost of the complaint at Rs.10,000/- .
2. The notice got issued to the opposite party after registering the complaint  was returned with an endorsement  unclaimed and  it amounts  to refusal and  knowledge of the  contents.   Hence complaint is proceeded  in exparty
3. In the enquiry  the  complainant    has   got filed his evidence affidavit reiterating the  material facts of the complaint and  to support the same got exhibited seven (7) documents.    Complainant filed written arguments and  made oral submissions. 

            On a consideration of material brought on the record the following points have emerged for consideration .        

1. Whether  the  complainant could prove  deficiency of service  on the part of the  opposite party ?
2. Whether the complainant is entitled for the amounts claimed in the complaint?
3. To what relief?

Point No.1: Among the documents exhibited by the complainant Ex.A1 is the contract for labour and material  for construction of the building  consisting of Ground + 2 upper floors and it contains details of  final  specifications dated 10-12-2017.  It is signed by  both the parties though the complainant could not get the signatures  of the opposite  party on  agreement  details of specifications  and details of construction . Ex.A1 signified that  there was a contract between the parties   for house construction Ex.A4 is the document which evidences that  building permission was issued by the GHMC Town Planning Division  in the name of  complainant’s father  for construction of the building  and it is dated 18-10-2017 i.e., about two months prior  to the date of work contract between the parties under Ex.A1.  So this document evidences that complainant has a  house plot  secured permission  from the competent authority for construction of the house consisting of Ground + two Upper floors.  Ex.A6 is the copy of payment  schedule  which  evidence of payment made to the opposite party for the services  agreed to be provided to complainant  by way of construction of house and  as per this statement the payments made   to the opposite party were by way of cheque as well as cash.  The document in Ex.A7   shows that whenever  complainant  paid the amount either cash  or   cheque they were  acknowledged by the opposite party with  his signatures  and date.  Ex.A1 and A7 coupled with Ex.A6 schedule  shows there was concluded  contract between the parties for construction  of house  consisting Ground +two upper floors by the  opposite party to the complainant  and receipt of the payments made by the  opposite party.  Hence now  burden is on the part of the opposite party to prove that he has done work as agreed with specifications mentioned in Ex.A1. The evidence affidavit of the complainant  coupled with the estimate copy  prepared by 3^rd party  for  unfinished  works shows the opposite party did not complete the construction  in all aspects.  Since opposite party has not chosen to contest the complaint having refused to receive the notice sent by this Forum an inference  can be drawn  that the  opposite party has no material to deny the complainant’s case.   The evidence  on record  both oral and documentary  placed  on record by the complainant remained un-rebutted hence same is required to be accepted.  Thus the complainant   has  proved  that opposite party having  agreed to construct  house building  consisting of Ground + two upper floors with some  specifications even after receiving the entire payment   failed to complete it in all aspects and thereby caused deficiency of service.  Accordingly point is answered infavour of the complainant. 

Point No.2: The complainant has filed estimate copy prepared for the unfinished  works  and  for substandard material used by the opposite party for the construction   made by him, hence the complainant  is entitled  an amount of Rs.3,50,000/- towards cost of unfinished works and Rs.2,00,000/- towards  substandard material used in the construction work.   Though the complainant claimed  loss of  income  of Rs.1,56,000/-  he has not placed any evidence  on record to show that the 1^st floor  if delivered  in time would have  fetched him a rent of Rs.13,000/- per month.  In the absence of an evidence it is difficult to accept  that complainant  has  suffered  loss of income  of Rs.1,56,000/- hence same is rejected.  For the inconvenience caused to  the complainant on account of non-completion of work by the opposite party an amount of Rs.50,000/- is awarded as compensation.  Accordingly point is answered. 

Point No.3: In the result, the complaint is allowed in part directing the opposite party

1. To pay  to the complainant a sum of Rs.5,50,000/- with interest there on at 9% P.A from the date of complaint to the date payment  towards cost of unfinished works and substandard material used in the  house construction
2. To pay a sum of Rs.50,000/- as compensation for mental agony
3. To pay a sum of Rs.10,000/- towards cost of legal expenses incurred by the complainant.

Time for compliance : 30 days from the date of service of this order

                        Dictated to steno, transcribed and typed by her, pronounced  by us on this the 4^th day of June , 2020.

LADY MEMBER                   MALE MEMBER                              PRESIDENT

APPENDIX OF EVIDENCE

   EXHIBITS MARKED

For  Complainant:

Ex.A1-copy of agreement ( details of final specifications) dt.10-12-2017

Ex.A2- copy of agreement payments

Ex.A3- Statement  of construction

Ex.A4- copy of GHMC permit order

Ex.A5- copy of  opposite party plan

Ex.A6-copy of payments schedule

Ex.A7-acknowledgements by opposite party

For Opposite party :

Nil

LADY MEMBER                   MALE MEMBER                              PRESIDENT