V. CHINNAPPAN Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) PRESENT revision, has been filed challenging order dated 28.1.2011, passed by Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (for short, 'State Commission '). Along with it, an application seeking condonation of delay of 71 days has also been filed.

(2.) BRIEF facts are that petitioner/complainant was allotted a house by respondents/opposite parties, bearing Door No.A1 -48/5/663 and possession was also handed over to him on 13.6.1994. Thereafter, obtaining permission additional construction was put up by the petitioner, not affecting the existing structure. The total amount, as agreed, was paid on 29.3.1996. After the entire payment, petitioner requested the respondents to execute the sale deed. However, respondents failed and neglected to execute the sale deed and thereby have committed deficiency. For the past six months, roof of the building is falling, exposing the rusting rod, threatening, even the collapse of the terrace for which a complaint was lodged but no action has been taken. In order to rectify these defects in the construction, petitioner is entitled to a sum of Rs.1,25,000.00 in addition to a sum of Rs.15,000.00 for shifting the residence by paying rent, during the period of repair for three months as well as compensation of Rs.50,000.00.

(3.) DISTRICT Forum, vide its order dated 15.5.2007, partly allowed the complaint and ordered as under ;