(1.) Appellant has assailed the order dated 23.01.2014, of learned District Consumer Disputes Redressal Forum, Kangra at Dharamshala, whereby a complaint filed by him, under Section 12 of the Consumer Protection Act, 1986, has though been allowed and an order passed in his favour, yet he is not satisfied with the direction given in the order, for rectification of defect in the slab.
(2.) Admitted facts are that the appellant engaged the services of the respondent for completing the construction of a house, which was started by the appellant himself. According to the appellant, an agreement was made, per which respondent was to be paid at the rate of Rs.35/ - per sq. ft. for completing the construction upto roof level. Appellant alleged that after the roof was laid, respondent claimed that the roof area was 1475 sq. ft. and he was paid a sum of Rs.52,000/ - at the rate of Rs.35/ - per sq. ft. It was alleged after the work was completed in December, 2008 and in the very next rainy season, roof started leaking. Respondent was required to remove the defect and block the leakage, but to no avail. He, therefore, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, seeking a direction to the respondent to pay a sum of Rs.5.00 lacs by way of compensation for the loss caused to him and another sum of Rs.1.00 lac for mental torture and harassment, besides seeking litigation expenses.
(3.) Respondent contested the complaint and pleaded that agreement was made in the year 2008 and it was agreed that the appellant shall provide the entire building material and he (respondent) was to be paid labour charges at the rate of Rs.50/ - per sq. ft. and that the total area worked out at 1200 sq. ft., for which a sum of Rs.60,000/ - was payable, but the appellant paid only a sum of Rs.25,000/ - and when the remaining amount was not paid, despite repeated demands and the matter was brought to the notice of the Panchayat, the appellant filed complaint, by way of counterblast.