Date of filing : 06.06.2019.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH..PRESIDENT C.C.No.71 of 2019 Thursday, the 20^th day of March, 2025

1. P. Kalidass, S/o V.Parimanam, 2. G.Gomathi, W/o P. Kalidass, Rep. by her Husband and Power of Attorney P.Kalidass, Both residing at No.74/A1, KGHS NIVAS, NRM Layout, Ondipudur Post, Coimbatore – 641 016. … Complainants Vs.

Er. K.P. Chevvel, S/o Late. Perumal, Prop. M/s. Skyline Associate Engineers & Builders, No.1635, Avinashi Road, Hope College, Coimbatore – 641 004. ... Opposite Party For Complainants : M/s. S.Radha Ramanan For Opp. Party : M/s. Leela & Co.

This Complaint came up for final hearing on 06.03.2025 and, after hearing the arguments of the counsel for the complainants and the opposite party and on perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

JUSTICE R.SUBBIAH, PRESIDENT This complaint has been filed under Section 35 of the Consumer Protection Act, 2019, as against the Opposite Party for the following reliefs:

a) To direct the opposite party to reimburse a sum of Rs.7,50,000/- for defects and completion of house;

b) To pay a sum of Rs.5,00,000/- as compensation for mental agony & hardship underwent by the complainants; c) To pay cost of Rs.1 lakh towards the proceeding.

2. The case of the complainants is that they are the absolute owners of S.F.No.404/1 bearing Site No.2 (East Part), Nagarathina Mudaliar Layout, Ottarpalayam Village, Pallapalayam Town Panchayat, Sulur Taluk, Coimbatore, measuring about 1680 sq. ft. The complainants desired to construct a house building for themselves. The opposite party approached the complainants to construct a house building as per the approved building plan. The complainants and the opposite party entered into a Construction Agreement on 09.01.2014, wherein the opposite party agreed and undertook to construct a house building as per the specification and rate as mentioned therein within 7 months from the date of the said agreement. The total cost of construction of the house building worked out to Rs.25,53,821/-. The complainants in all paid Rs.24,70,000/-. That apart the complainants have paid Rs.5,00,000/- each on 09.11.2013 & 21.12.2013, by way of cheques much before the execution of the Agreement. Further, the complainants have paid Rs.2,83,000/- by cash to the opposite party under various heads on various dates and in spite of the demand, the opposite party has not come forward to issue receipt. In fact, the opposite party had received in excess a sum of Rs.2,00,000/- instead of the amount as agreed upon vide agreement dated 09.01.2014. (a) There are visible cracks found in the wall and slabs of the construction and there are 28 defects in the construction. The opposite party failed to deliver possession of the premises as agreed upon i.e. on or before July 2014 and handed over the premises only in the month of November 2014. The complainants in order to find out the haphazard services of the opposite party decided to obtain report from a Chartered Civil Engineer. Accordingly they engaged Esjay Associates @ Chartered Civil Engineer, Coimbatore, who inspected the property of the building on 25.06.2015 and submitted a report dated 01.07.2015, in which they have recorded all the defects found in the premises. On 01.08.2015 the complainants sent legal notice calling upon the opposite party to rectify the defects found in the premises within one week from the date of receipt of the legal notice. Though the said legal notice was acknowledged by the opposite party on 04.08.2015, they have neither given any reply nor complied with the demands made in the said legal notice. Hence, the opposite party is liable to compensate a sum of Rs.7,50,000/-, for executing the assignment in a unprofessional manner and a sum of Rs.5,00,000/- for the mental agony and hardship as the opposite party failed