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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member, S.M. Kantikar, Member
S & S Qualicrete Constructions (P) Ltd. Through Its Managing Director - Petitioner
Versus
V.V. Prithivipathy - Respondent
Revision Petition No. 3595 of 2011
Decided On : 20-12-2013
Deficiency of Service - Construction of Residential Building - Consumer Protection Act, 1986, Section 2(1)(d), Section 2(1)(g), Section 2(1)(o), Section 14(1)(d) - The court discussed the provisions of the Consumer Protection Act, 1986, including the definition of 'consumer' and 'service', as well as the rights of consumers and the liability of service providers. The court emphasized the importance of timely rectification of defects and the consequences of non-compliance with consumer rights.
Fact of the Case:
The complainant entered into an agreement with the construction company for the construction of a residential building. However, the building was found to have various defects and sub-standard materials. The complainant filed a complaint seeking rectification of defects, compensation for deficiency of service, and mental agony caused.
Finding of the Court:
The court found that the construction company had indeed provided sub-standard construction and failed to rectify the defects in a timely manner, causing mental agony to the complainant. The court held the construction company liable for deficiency of service and ordered rectification of defects, compensation, and punitive costs.
Issues: The main issues were the sub-standard construction, failure to rectify defects, and the complainant's rights as a consumer under the Consumer Protection Act, 1986.
Ratio Decidendi: The court held that the complainant was a consumer under the Consumer Protection Act, 1986, and emphasized the importance of timely rectification of defects by service providers. The court also highlighted the consequences of non-compliance with consumer rights and the liability of service providers for deficiency of service.
Final Decision: The court dismissed the revision petition, imposed punitive costs on the construction company, and ordered the rectification of defects within a specified time frame, failing which, penalty and interest would be applicable.
ORDER :
J.M. Malik, Presiding Member
Sh. V.V. Prithvipathy, the complainant, has a residential building at Plot Nos. 5 and 6, IV Cross Street, Seethapathy Nagar, Velacheri, Chennai-42. There were various defects in the building. S & S Qualicrete Constructions Pvt. Ltd., the OP, vide its letter dated 9.5.2002, agreed to execute the construction of residential building. It was agreed that the original cost payable for construction of the residential building would be Rs. 17,95,000. The complainant accepted the said offer and paid an advance amount of Rs. 1,00,000 on 17.5.2002. The OP agreed to rectify those defects during the period 15.5.2002 and would complete by 15.12.2002. It was also agreed that at the time of filing complaint, exact measurement would be done and payment would be made accordingly. Ultimately, the complainant paid Rs. 21,77,854 and took the possession, in June, 2003.
2. However, it transpired that the building was constructed with sub-standard materials and developing cracks were found over the wall, wood house used was found to be of poor quality and all the defects were not completely rectified. The complaint was filed before the District Forum with the following prayers—
“10. Hence, the complainant most respectfully prays that this Hon’ble Forum may be pleased to pass an award against the opposite party holding them liable to—
(i) pay Rs. 7,61,879.18, the abstract estimated cost of the repairs and rectification of defects with interest @ 24% from June, 2003 to till completion of rectification and repairs of defects namely:
| (1) | carry out effective repairs on the extensive cracks all over the building and ceiling; in walls both internal and external as horizontal, vertical, diagonal in all window sills near doors and switch boxes; |
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| Remove and repaint the cracks plastered and remove the scarred finish; |
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| Repair the cracks above arch wall and make good the arch finish; |
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| Repair terrace wall cracks; |
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| Re-do the plastering in 1st floor room entrance and in all door frames; |
|
| Complete re-plastering of ceiling (kitchen roof); |
| 2. | Fix main small gate properly and replace and re-fix lower tower bolt outside of gate; |
| 3. | Rectify carpentry works and door frame joints; Make windows to be closed proper and remove rough finish on doors by replacing bolts protruding. |
| 4. | Fix eye-holes at normal height and provide middle padlocks for kitchen doors, rubber brush behind doors to prevent banging against walls and tiles; |
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| Replace tower bolts that are used to fasten windows; |
| 5. | Re-arrange and fix kitchen sinks proper; |
| 6. | Provide steel soap trays near wash-basins; |
| 7. | Fix wash-basins of normal and usual size; |
| 8. | Provide powder coating finish on most padlocks and grills; |
| 9. | Provide Nani trap in open area behind staircase; |
| 10. | Proper exhaust fan provisions in toilets; |
| 11. | Give the walls need another coat of paint to mask scars; |
| 12. | Frontage outside gates to be made smooth and sloping to enable vehicles and people to get in easily; |
| 13. | To rectify the seepage of water in the external wash area during usage of toilet, bathroom and wash basin due to defective water proofing; |
| 14. | To rectify the mix up of the electric meter connections despite specific identification done by the opposite party; |
| 15. | To provide proper clamps to securely fix the provision for air conditioner with grill and frame; |
(ii) pay Rs. 3,00,000 for the deficiency of service committed by opposite party in failing to construct the building as per agreed specifications and for the delay in delivery;
(iii) pay Rs. 4,00,000 as compen-sation for the resultant mental agony and pain caused by such deficiency of service;
(iv) pay Rs. 15,000 as costs of this complaint and pass such o
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