D S KOHLI Vs. BALDEV SINGH PABLA

JUDGEMENT

(1.) This is a complaint filed under Sections 12, 13 and 14 of the Consumer Protection Act, 1986 [for short hereinafter referred to as the C. P. Act] for refund of a sum of Rs.6,60,000/- on account of deficient services rendered by the opposite parties - Shri Baldev Singh Pabla and Shri G. P. Singh both residents of House No.921, Phase IV, Mohali, Distt. Ropar in not completing the house in time who has also claimed interest @ 24% per annum from the date of receipt of payment till its realisation. The complainant has also claimed compensation to the tune of Rs.2 lacs on account of mental torture, agony and harassment faced by him at the hands of the opposite parties. The averments made in the complaint may briefly be mentioned as under.

(2.) The complainant is the owner of Plot/house No.330, Sector 46-A, Chandigarh. He was desirous of getting ground floor of the house constructed in an area of 1054.20 sq. ft. (21.31 x 47) and for the said purpose, he approached the opposite parties named above as they were the building contractors having specialisation in construction of residential houses. It was averred in the complaint that the opposite parties had assured the complainant that they had sufficient experience in building residential houses and they averred that the house would be constructed at a total cost of Rs.6,60,000/- including costs of construction material, labour, all types of fittings also. The payment was to be made by the complainant to the opposite parties as per the schedule described in Para 3 of the complaint, as under : (i)Before starting 10% (ii)2 days before wood purchase 15% (iii)at 7 lenter 10% (iv)On shuttering reaching at site 10% (v)On day of lanter 5% (vi)Lanter opening, laying of pipes fittings electric and sanitary 10% (vii)Two days before marble purchase 20% (viii)Plastering and lal rori.10% (ix)Laying of marble, tiles, kota.5% (x)Misc. and upto 1st coat of plasticpaint, fitting of putty etc.5%

(3.) It was averred that right from the commencement of work, the construction raised by the opposite parties was not up to the satisfaction of the complainant who raised objection and the opposite parties assured him that the defects would be removed in due course of time. The complainant made payment as per the schedule of the opposite parties who received the same. All the payments were received by the opposite parties under their signatures. Copy of the statement showing the details of payments received by the opposite parties from the complainant was annexed with the complaint as Annexure C-1. These payments were received by the opposite party No.2 and till 23.4.1999, the opposite parties had received a sum of Rs.6,60,000/-. A sum of Rs.5,90,000/- had been received by the opposite parties till 31.12.1998 i. e. the last date for completion of the construction of the house. Since the opposite parties were not able to complete the construction within the time frame, they requested for extension of time which was extended from time to time. But even after extension of more than six months, the opposite parties were unable to complete the construction despite the fact that they had been paid the total agreed price of Rs.6,60,000/-. The further grievance of the complainant was that even the construction which was raised was not up to the mark. There were no electric and sanitary fittings. The house had not been painted and outer finishing has also not been done and completed. It was alleged that as per the agreement, the outer finishing of the house was to be completed with Madrasi Dana but the opposite parties left the outer part only after plaster. Wood work of the house was also not complete and whatever wood work was done was defective and inferior quality of wood was used. Wooden doors lost their shape. The kitchen was also incomplete. The opposite parties rendered unsatisfactory and deficient service to the complainant though they had received the full amount as agreed between the parties. These are the averments made in the complaint case. After the notice was sent to the opposite parties, they appeared and filed written statement wherein they raised some preliminary objections besides reply on merit. The preliminary objections raised, are, inter alia, as under.