Complaint of Substandard Workmanship, Breach of Contract, and Unpaid Materials

Name of Complainant Tapan kumar Basak
Date of ComplaintSeptember 28, 2024
Name(s) of companies complained against
Category of complaint Real Estate
Permanent link of complaint Right click to copy link
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Text of Complaint by Tapan kumar Basak:

Dear Sir/Madam,

I am writing to file a formal complaint against Mr. Rashmikant Pattnaik, residing at
Plot D/294, Sec 7,
CDA,
Cuttack,
Odisha 753014

with GSTIN – 21AXKPP1125C2Z2. Mr. Pattnaik was contracted to construct a residential building consisting of a 2nd floor (2100 sqft) and a 3rd floor (400 sqft), at a total cost of 40 lakhs.

Despite multiple request ,Mr. Pattnaik failed to complete the work in a timely manner or to a satisfactory standard. The quality of the work was significantly below par, resulting in numerous defects and incomplete tasks. The substandard construction has caused significant inconvenience, discomfort, and financial loss to me.

Mr. Pattnaik’s failure to fulfill his contractual obligations has resulted in a number of specific deficiencies, including but not limited to:

I. Defective workmanship:

1. Structural damage:
a. The roof leaks at multiple locations, causing water damage to the interior of the building.
b. Wall cracks in multiple places indicate structural instability and potential safety risks.
2. Safety hazards:
a. Water drips from the staircase during rain, posing a slip and fall hazard.
b. The ground level in the living areas was not done correctly, creating uneven surfaces and tripping hazards.
3. Water damage:
a. The terrace frequently experiences water logging, creating a hazardous and unsightly condition.
b. Water leaks from the washroom wall, leading to mold growth and structural damage.
c. During rain, water seeps into the 3rd floor, causing damage to furniture and belongings.
d. The water tank leaks, resulting in water wastage and inconvenience.
4. Inconvenience and discomfort:
a. The window panes have gaps between the walls, allowing rainwater and insects to enter.
b. The water tank leaks, resulting in water wastage and inconvenience.
c. The ground level in the living areas was not done correctly, creating uneven surfaces and tripping hazards.

II. Incomplete work:

1. Exterior finishing:
a. The front elevation was not completed, leaving the exterior of the building unfinished and aesthetically unappealing.
b. The east side wall (approx 80*20 sq ft) was not plastered, leaving it unfinished and exposed to the elements.
2. Sanitary fixtures:
a. A bath tub was not provided, despite being included in the contract.
3. Interior finishes:
a. The tiles provided are of a substandard brand, resulting in poor quality and durability.
b. The doors are not teak as specified in the contract, but rather a lower-quality material.
4. Electrical and plumbing systems:
a. The camera wire was not provided, as promised in the contract.
b. The taps are not of the mentioned brand, resulting in inferior quality and functionality.
5. Safety features:
a. The staircase marble is not white as specified in the contract, deviating from the agreed-upon design.
b. Roof grinding was replaced with tiles, without my consent or approval.
c. Safety MS grills were not attached to all windows, compromising the security of the property.
d. The wash basins are not Parryware/ Cera as specified in the contract, leading to poor quality and functionality.

III. Unpaid Materials:

Mr. Pattnaik took the following materials from us without making payments:

1. 8 iron pipes
2. 6 tin sheets
3. 2 UltraTech cement bags
4. 5 sand bags
5. 500 bricks
6. 2 tarpaulins
7. 1 floor wiper
8. 2 iron jalis
9. 1 brass tap
They were taken without my consent or knowledge, and I have not received any compensation for them even after asking for it multiple times.

These deficiencies have caused me significant inconvenience, discomfort, and financial loss.
I have had to incur additional expenses to rectify the problems, including
1. installing barriers to prevent water from entering rooms
2. repairing the bathroom flush
3. fixing non-functional pipelines
4. replacing faulty electric switches.

I believe that Mr. Pattnaik’s actions constitute a breach of contract and a violation of my consumer rights. I am seeking justice and a refund for the problems incurred and the amount paid in excess of the work completed.

Relief Sought:

I am seeking justice and a refund for the problems incurred and the amount paid in excess of the work completed. I estimate the total amount due to me to be around Rs. 19 lakhs.

I have attached supporting documents, including copies of the contract, invoices, photographs of the defects, and correspondence with Mr. Pattnaik.

I request your immediate attention to this matter and a fair resolution to my complaint.

Sincerely,
Tapan Kumar Basak
77498 19912

**Note I am unable to attach documents more than 1 in the complaint. I can send them through mail

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