K SELVARAJ Vs. S SHEIK IBRAHIM

JUDGEMENT

(1.) PETITIONER is the builder. He was opposite party before the District Forum. Alleging deficiency in service, complainant-respondent approached the District Forum. Complainant had to spen a great deal of money to remove the defects in the house built by the petitioner inasmuch as even the construction was not properly completed. He spent a sum of Rs. 1,28,754/-. Opposite party had agreed to the deduction of Rs. 20,000/-. However, District Forum found on the basis of evidence on record that a sum of Rs. 1,08,754/- would be due to complainant from petitioner-opposite party. Accordingly complaint was allowed, Interest @ 18% per annum was also awarded from the date of the complaint till realisation and further sum of Rs. 500/- as cost.

(2.) APPEAL of the petitioner to the State Commission was dismissed as being barred by limitation. That order was made on 25.7.1997. Thereafter it appears petitioner filed writ petition in the Madras High Court where it is stated that it is still pending. However, it is submitted before us that an application had been filed to withdraw that writ petition and on that basis this revision petition had been filed on 20.2.2002 against the aforesaid order of the State Commision. Meanwhile, it appears execution proceedings were initiated against the petitioner and in pursuance to that he had deposited the amount under the award before the District Forum. The question that is raised before us is to condone the delay which is there for over five years. It was stated that writ petition had to be filed in the High Court because at that time National Commission was not functioning. This argument does not hold good. National Commission was functional during the period 16.3.1998 onwards. There is no ground for us to condone the delay of five years. This revision petition is therefore dismissed. Revision Petition dismissed.