R.EZHILARASAN Vs. M.SURESH KUMAR

JUDGEMENT

(1.) The appeal is directed against the order of the District Consumer Disputes Redressal Forum, Madurai in CC.210/2002, wherein, a direction came to be issued against the opposite parties/appellants to pay a sum of Rs.1,30,000/- along with cost of Rs.5,000/-, as per the order dated 24.05.2007.

(2.) The respondent/complainant entered into an agreement with the opposite parties/appellants, to construct a dwelling house on 11.07.1998 and pursuant to the same, amounts were paid, construction completed, commencing on 15.07.98, ending in the month of April 1999. The complainant taking possession of the house, performed House Warming Ceremony on 16.5.99.

(3.) After the occupation of the house, within six months, the complainant had noticed the damages in the building, due to the total absence of technical knowledge of the opposite parties, as well deficiency of service in the construction, including use of sub-standard materials. The complainant when reported, the opposite parties admitting their fault, agreed to rectify the damage at their cost, even in writting, which was misplaced, but failed to rectify the defects, thereby, they have caused not only mental agony, but also deficiency in service. In order to rectify the defects, the complainant is entitled to a sum of Rs.1,20,000/-, in addition to, a sum of Rs.60,000/- towards compensation for mental agony, stress and strain etc., Thus the claim.