RAJESH SEN Vs. RAVINDRA NATH PANDEY & ANR

JUDGEMENT

(1.) SINCE both these appeals under Section 15 of the Consumer Protection Act, 1986, are directed against the same order dated 31.1.2004 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as the District Forum for convenience) in Complaint No. 365/03, they are being disposed of by this common order.

(2.) THE District Forum has directed that opposite party/contractor shall pay Rs. 30,000 as compensation for deficiency in service and Rs. 13,000 for mental agony caused to the complainant and shall also pay Rs. 1,000 as cost of the complaint.

(3.) COMPLAINANT s grievance is that he owned a plot of land admeasuring 6,000 square feet in Bhatapara and had got the house construction up to the height of 7 feet. He entrusted the completion of remaining work to the O.P./respondent -architect for construction as per a written agreement dated 23.4.2002. An amount of Rs. 2,50,000 was payable as consideration for the material and services. Complainant has averred that he has paid Rs. 2,50,000 as per the agreement and another amount of Rs. 11,000 to the O.P./respondent and occupied the house in February, 2003. O.P./respondent did not complete the construction work as per agreement and kept assuring that the work will be completed after occupation. There was seepage, bending of doors and windows, lack of finishing. Despite a letter and notice the O.P./respondent did not complete the incomplete work and remove the defects. Award of compensation sufficient to cover the cost of repairs and compensation of Rs. 10,000 has been prayed. Complainant has submitted his own affidavit as well as list of defects in support.