RAMESHWAR FAKIRCHAND TOTALA Vs. SANTOSH RAOSAHEB GAVANE

JUDGEMENT

(1.) THESE two appeals have been filed by original opponent and complainant against the judgment and or der dated 11.12.2003 in complaint case No. 182/03 passed by District Forum, Jalna for quashing and setting aside the judgment and for enhancement of compensation respectively.

(2.) COMPLAINANT 's case before the Forum is that, he is dentist. He purchased gala on the ground floor admeasuring 138 sq. mtrs. from respondent on 31.10.2000 for Rs. 4,42,000 under registered sale deed. It is contended that respondent No. 2 purchased the block above the block of complainant. It is contended that he started his profession in the said gala. It is contended that after 4 -6 months he found that the construction of wall, roof, and doors was not of good quality and it was defective. Cement, sand and iron, etc. used for construction was not proportionate. Flooring and roof were defective. It is contended that there was leakage from the toilet of respondent No. 2 and water used to trickle. It is contended that construction of building was not as per sanction plan. Ground floor was shown for parking but complainant raised construction in the parking place. It is contended that on 10.12.2003 complainant went to respondent's office and informed but no cognizance was taken for repairs. Thus, he approached the Forum.

(3.) BOTH the respondents were served with the notices.Respondent No. 2 did not appear before the Forum. Complaint was proceeded ex parte against respondent No. 2.