IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R.SUBBIAH: PRESIDENT F.A. No. 873 of 2023 [Against the order dated 28.06.2023 passed in C.C. No.307 of

2022 on the file of the DCDRC, Chennai (South)].

Friday, the 28^th day of March, 2025 K.Vee.Shanker, No.61, North 4^th Cross Street, Kabaleeswarar Nagar, Neelankarai, Chennai – 600 115. ... Appellant/Complainant - Vs –

M/s. Reliable Interiors, Represented by Authorized Signatory No.S-1, Block No.H-65, Kurinji Apts., Thiruvalluvar Nagar 2nd Main Road, Thiruvanmiyur, Chennai – 600 041. ... Respondent/Opposite Party Counsel for the Appellant : Mr.K.Vee.Shanker- PIP Counsel for the Respondent: M/s. Kalyan Kishan Singh This appeal came up for final hearing on 27.09.2024, and on hearing the appellant/complainant-Party in Person and the counsel for the Respondent/opposite party and on perusing the material records, and having stood over for consideration till this day, this Commission made the following:- O R D E R R.SUBBIAH J., PRESIDENT This Appeal has been filed by the Complainant as against the order dated 28.06.2023 passed in C.C.No.307 of 2022 by the District Consumer Disputes Redressal Commission, Chennai (South), dismissing the complaint filed by the Appellant herein.

2. The case of the complainant before the District Commission is that, he started construction of the house at Neelankarai and completed the same in June, 2016. During the rainy season of December 2020, there was severe leakage both in the ceiling and the side walls of the house. Hence, the complainant approached the opposite party to visit the house and give him a quotation to rectify the leakages and other works. Accordingly, the opposite party visited the house of the complainant and gave a quotation, which was accepted by the complainant. Thereafter, the opposite party started the work in March 2021 and finished the work by June 2021. Then the opposite party raised an invoice No.002/2021-2022, dated 12.06.2021, for a sum of Rs.4,25,750/-. The complainant paid the said amount through Net Transfer from his Axis Bank Account to the opposite party’s Indian Bank Account. Out of the total amount of Rs.4,25,750/-, Sl.No.4, 12 and 13 pertaining to leakage arrest charges amounted to Rs.77,250/-. The complainant settled all the dues. But, during rainy season October-December 2021, there was leakage on the side terrace and side walls, and this was due to usage of poor quality materials and workmanship by the opposite party. Therefore, there is a clear deficiency in service on the part of the opposite party. The Wardrobes of both bedrooms at the top floor of his house have become wet. Apart from that, there was formation of fungus all around. The Wardrobes were also damaged severely. Some of the clothes of the complainant were also spoiled. Even before the rains stopped completely, since there was water leakage, the complainant requested the opposite party to visit the house immediately. The opposite party visited the complainant’s house and accepted the leakage issue and orally assured the complainant that he will rectify it after consulting the leakage arrest experts. He brought two experts by name Mr.Kingsley and Mr.Shanmugam. Both of them stated that the work carried out is of wrong type, and is an inappropriate solution. The opposite party did not argue against them, and he acknowledged his mistake. But, both of them quoted more than a lakh of rupee each, as an initial rough estimate to arrest the leakage. The opposite party kept reassuring that he will rectify the leakage whenever he spoke to him. But thereafter, the contractor began dodging him. The opposite party went in to the extent of claiming joint responsibility as the complainant had accepted his solution when proposed. The complainant rejected this contention, and continuous to hold the contractor Vijayakumar exclusively and fully responsible for leakage in his residence. Subsequent requests made by the com