A district consumer commission has directed a contractor into the construction business to tear down a shoddy structure built by him and rebuild a 3,200 sq ft house in six months that will be of good quality and long-lasting.
The complainant proved that the contractor had built a house on a weak foundation and was not up to the mark. The order was passed on a complaint by Worli resident Sitaram Rahate against Namdev Yashwant Jhagade.
Unfair trade practice and deficiency in service
The contractor had countered the allegations stating that the complainant would visit the place off and on and there was no written agreement between them. Noting that there was unfair trade practice and deficiency in service as no construction can happen without a proper plan and agreement, the commission stated that if the house is not rebuilt, the complainant be given Rs14.97 lakh with 15% interest per annum and Rs65,000 be given towards mental and physical harassment suffered and litigation cost.
Complaint filed in 2021
In 2015, Rahate was interested in getting a home built for himself on his plot of land in the Ratnagiri district. He appointed Jhagade to build the house and gave him ₹14.95 lakh. When Rahate checked, his house was not done in the way he had expected. He then filed a consumer complaint. Jhagade sought it to be rejected as it was time-barred because it was filed in 2021 while the house was handed back in May 2015, complainant did not have any document to prove there was an agreement for construction, complainant used to visit the site from time to time and was in the know of what was being constructed.
During the hearing, Jhagade stated that the document cited as the agreement was actually a letter on which the complainant had taken a signature betraying his trust.
The commission stated that Jhagade had not provided plans and details he had in place to ensure that the structure would be of good quality. On the contrary, the Commission observed, that as per submissions of Jhagade, he was aware that there were still chances of waves and wind damaging the structure.
Rahate, on the other hand, annexed a report of an architect which stated, "The entire house is based on the improperly executed foundation and current structural condition might lead to dilapidation, therefore a reconstruction of the same is required so as to occupy the house physically at earliest”.
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