The builder / contractor who has completed the construction incompletely or under construction will be liable to pay compensation to the customer found guilty of defect in the service under the Consumer Protection Act. An important case in this regard is Tanzin v. B.K. If you want the details of the verdict given to the National Commission in Pal – B.K. Pal (original plaintiff) hired builder-cum-contractor Tenzin (original Samawala) to build the 3-storey building. The proposed construction agreement between the plaintiff and Samawala was also executed. According to which the cost of the proposed construction between the parties is Rs. 17 lakh was fixed and the time frame for completion of construction was fixed at 8 months.
The plaintiff met Samawala at different stages and paid a total of Rs 14.52 lakh. Only Rs. The payment of Rs. So the aggrieved plaintiff knocked on the door of the State Consumer Disputes Redressal Commission to seek justice. Before the State Commission, the plaintiff said that Samawala had paid him Rs. An additional cost of Rs 3 lakh was incurred.
The Samawala builder-contractor submitted to the State Commission that he had completed the construction himself and that there was no defect in the construction. The state commission has appointed a retired executive engineer of the public works department as the commissioner and asked him to inspect the condition of the site and submit a report. The commissioner appointed by the commission studied the agreement between the parties as well as conducted a site inspection and prepared a report and submitted it to the state commission. In the text report, Samawala said that the construction work was incomplete and that the construction work was also damaged.
The State Commission granted the plaintiff’s complaint in part, declaring that the construction done by Samawala was incomplete and defective. 3 lakh as compensation as well as another Rs. Ordered the builder / contractor to pay Rs 7,000. The National Commission also rejected Samawala’s appeal against the State Commission’s text order. Thus the builder / contractor carrying out incomplete or defective construction will be liable to pay compensation to the customer.