M.J.DEVADAS Vs. SEBASTIAN M.D.

JUDGEMENT

(1.) This appeal is filed by the opposite party in C.C. 139/08, before the CDRF, Wayanad who is aggrieved by the directions contained in the order dated 30.10.2010 of the Forum below directing the opposite party to pay to the complainant a sum of Rs. 1,02,748/- with cost of Rs. 3,000/- within one month from the date of receipt of the order failing which the opposite party is further directed to pay interest at 12% per annum from the date of default till payment.

(2.) The complainant has approached the Forum stating that he had entrusted the construction of a residential building and that an agreement was executed with the opposite party and further that he had entrusted the construction of two other rooms also to the opposite party. It is his case that the construction was defective and there appeared leakage in the roof of the residential building. Alleging deficiency in service the complaint was filed praying for directions to the opposite party to pay a sum of Rs. 3 lakhs for patching up the leakage and strengthening the building with compensation of Rs. 1,00,000/- for the suffering caused due to the defective construction.

(3.) Resisting the complaint the opposite party filed version wherein the maintainability of the complaint on the ground of limitation was strongly raised. It was also submitted that after construction of the residential building, the complainant had entrusted him to do the work of two rooms also and the present allegation of leakage was after thought of the complainant which is not true. Submitting that he had done the construction work with utmost care and expertise, the opposite party prayed for the dismissal of the complaint with cost. The evidence consisted of the testimony of Pw1, Cw1, O.P.W1, O.P.W2, & O.P.W3 and Exts. A1 to A6 and C1 and C2 on the side of the complainant. Ext. B1 notice was marked on the side of the opposite party. Heard both sides.