TENZIN Vs. B K PAL

JUDGEMENT

(1.) THIS first appeal has been filed against the order dated 6.5.2004 by the appellant, Shri Tenzin, who was the opposite party in the Original Complaint No. 14 of 2000 in the State Commission, HP wherein the complaint of Shri B.K.Pal alleging deficiency in service was allowed. Brief facts of the case are: The complainant/respondent, Shri B.K.Pal hired the services of appellant who is a builder-cum-contractor to raise three storeyed building in village Dhinda, Tehsil and District Shimla in his own land. Different rates were fixed for different floors and terrace and the parties agreed that the total cost should not exceed Rs. 17.00 lacs. Both the parties agreed as per contents of the agreement-Annexure C-2 dated 1.7.1997, the mode and schedule of payments have been decided stipulating that within 8 months the construction is to be completed meaning thereby end of December, 1998.

(2.) IT is alleged by the respondent that the appellant did not complete the construction or hand over the possession of the constructed house till the time of filing of complaint on 20.7.2000. It is also stated that he complied with the terms of agreement and made payment of Rs. 14,52,000/- before 24.7.1999 and that the remaining balance of Rs. 2,50,000/- is to be paid but not even one storey was completed. The State Commission appointed a Local Commissioner, Shri H.S. Bist, a retired Executive Engineer, HPPWD to submit a report after inspecting the said construction. In his report dated 24.10.2002, it is recorded that both the parties were present on the date of inspection i.e., 28.9.2002. After perusing the terms and conditions of the agreement, drawings provided by the respondent and the site inspection, he concluded that the building was incomplete; that there are permanent defects in the staircase, that the kitchen and toilets have not been constructed as per drawings, that the ground floor level is lower than the surface ground level with a difference of 9 cms. which results in surface ground water entering the ground floor during rains, that no catch water drain has been constructed to carry outside rain as well as kitchen and bathroom water, that the electric fittings were incomplete and on the whole the building is incomplete.

(3.) THE State Commission accepted the Local Commissioner's report and allowed the complaint and ordered the appellant to pay Rs. 3,00,000/-., Rs. 5,000/- compensation for mental harassment and Rs. 2,000/- as costs to the complainant.