Date of Filing :14.02.2013 Date of Disposal :17.01.2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED THIS THE 17th DAY OF JANUARY 2022 PRESENT Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER MrsM.DIVYASHREE : LADY MEMBER CC-NO.25/2013

1. Mark D’ Almeida

2. Suzan D’ Almeida

8/1, Krishnamma Garden, 1st Cross, Anjanappa Block, Benson Town, Bengaluru-46.. ..Complainant/s (By Sri.A.M.Iktear Uddin, Advocate)

VS

1.

Sunil Kumar.G Abhi Constructions (Contractor), # 109, SharadaNilaya, 3^rd Cross, 4^th Main, Vinayaka Layout, Vijayanagara, Bengaluru-40. ..Opposite Party/s (By Sri.B.Keshavamurthy, Advocate)

O R D E R

Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1. This complaint is filed U/s 17 of the Consumer Protection Act, 1986 with a prayer against OP for immediate relief of Rs.21,59,761/- which has to be refund to the excess amount paid in comparison to the works completed and to refund Rs.6 lakhs for demolishing and rebuilding the chajjas works paid to the subsequent contractors and in addition to such amount Rs.10 lakhs for all the harassment, mental trauma, delay and poor quality of his house.

2. The Complainants have stated that in early December 2010, they scheduled the meeting with the Architect Mr.Rajendra Maiya (ACE Technocrats, Udupi) for a site visit along with Mr.Sunilkumar/OP. Thereafter they met at their home to discuss in details to kick start their housing project process. There was a more than 100% assurance from OP and never given any hint of duping or living us in utter trauma which he finally caused. He gave him another Rs.5 lacks additional amount added to the mobilization, just to ensure that work progress should not be hampered for shortage of money. Though the initial work progress was slightly on a delayed path, it was attributed by OP of various factors. However, promised in the final stage to cover up. Personal bank account details were given for transfers of funds even before the RA bills. He failed to read or get a hint of the dubious mind of OP when repeated reminder to sign up the initial agreement papers, the award letter and BOQ went unheard for several weeks and months. His wife was shattered to see the fate of the house progress although frequented to the site as often in grievous situation. A year passed and as much as 70% of the payments were done. It was only the concreting was in progress until the end of October 2011.Travelling 30 kms almost every alternate week days by bus/auto or asking daughters to miss the college to drive his wife to the site as weekends were off to the workers, took a great toll on his wife’s health physically and mentally. OP kept on complaining that his wife takes unnecessary tension and often stated that she does not understand the construction works. His wife tried to express in so many words that work progress is too slow and quality of work in a poor state. Being so far away, he did not believe everything that she said. There were no supervisors at the site. Umpteen reminders to keep a qualified supervisor were just ignored. Most workers only take instructions but never worked that day or disappeared soon after his wife left the site. On 13.01.2011, he dashed to Bengaluru, visited the site and explained to OP, that he better complete the construction despite the initial delay. Mr.Rajendra Maiya (architect) was called to the site inspection on 09.02.2012 and explained that the pending works completion and set a deadline to OP. List of tasks noted by OP and set the target delivery of the completed house by mid April 2012. OP started the harassment thereafter, demanding man/material on site urgently although civil works such as plastering the walls, plumbing pipe fixtures, drainage etc., were yet to finish: painting works demanded immediately, granite selection, tiles purchased immediately and tiling works wanted to be started immediately while plastering still remained undone. He made his wife run helter-shelter to facilitate these mate