TECHNO ENTERPRISE vs S.K.Ghosh

BY order dated 20.11.1998 the Forum directed the present appellant to remove defects and deficiencies in the construction of the house to the satisfaction of the complainant within a period of three months from the date of communication of the order.

THE opposite party who was the complainant before the Forum approached it alleging deficiency in service on the part of the present appellant. THE complainant entered into an agreement with the opposite party for construction of a house. THE job was completed and keys of the house were delivered in the middle of December, 1995. THE complainant through letter dated 14.6.1995 pointed out certain deficiencies in the matter of construction of the house. THE complainant alleged that due to use of low quality materials, the defects occurred. THE opposite party having not removed the defects/deficiencies the complainant approached the Forum praying for compensation to the tune of 5,00,000/-. The case was contested by the opposite party by filing written version wherein they deny that there was any defect or deficiency in construction of the house. They challenged the report of one firm in the name of Blue Bird and Co. on the ground that they are not qualified to certify the alleged structural or constructional defects without testing in a Government recognised testing Laboratory. According to the opposite party the complainant employed unskilled persons for repair in violation of the agreement between the parties and in consequence thereof some cracks might have appeared.

It appears from the judgment of the Forum that two experts were appointed to report on certain points as mentioned in order dated 27.3.1998. One of the experts is Dr. Bratish Sengupta, Professor of Civil Engineering Department, Jadavpur University and second one is Dr. P.K. Gyen, Prof. of Civil Engineerging Department, B.E. College, (Deemed) University, Howrah. It also appears that the Forum went through the reports of those experts in details and noticed certain cracks in the roof of the house. The experts noticed some hair cracks on the ceiling of the room in the 1st floor. The experts did not notice any seepage marks in the ceiling. According to the experts such hairline cracks may be due to shrinkage caused by inadequate curing or due to inadequate strength of concrete caused by a number of reasons such as improper concrete mixed proportion, bad quality of cement, improper vibration, etc. The Forum dependent upon the opinion of the experts before passing impugned judgment. We have been taken through the judgment. We have given anxious consideration to the matters involved in the present dispute. We are in agreement with views expressed by the Forum and think that the Forum was perfectly justified in directing the opposite party to remove the defects and deficiencies as noticed by the two experts in the subject. We find no substance in the appeal which is hereby dismissed on contest, but no cost. Appeal dismissed.