V.S.K.MURTHY Vs. P.SRINIVASAN

JUDGEMENT

(1.) The opposite party is the appellant.

(2.) The complainant filed a complaint against the opposite party for deficiency of service in the construction work entrusted with him and thereby claiming direction to pay the cost for the incomplete work to pay the cost for the incomplete work as per the Commissioners Report and Rs.1,00,000/- as compensation and Rs.2,00,000/- for the negligence and deficiency and for refund of excess amount paid Rs.50,500/- with cost.

(3.) The complainant filed the complaint against the opposite party for the incomplete work and for the defects in the construction as deficiency of service and for claiming compensation and other costs as stated above and the District Forum taken cognizance of the case complaint and thereafter, after the appearance of opposite party and on entertaining written version etc., and while conducting the enquiry came to know that the complaint is not maintainable before the District Forum due to complicated issues to be decided and also certain evidence recorded in CMP 147/07 on behalf of the complainant to prove the opposite parties activities relating to the receipt of money etc., by way of producing the admitted signatures of the opposite party from his office and through the staff members worked in the opposite parties as witnesses and thereby the District Forum came to know certain criminal actions to be taken against those witnesses for their lapses while passing the order for returning of the complaint to be filed before the proper forum also passed an order directing the complainant in order to take criminal action as per CMP No.141/2007 the order was passed as follows :- Tamil