KHALID Vs. SHOUKATHALI

JUDGEMENT

(1.) Challenge in these proceedings is to the order dated 25.3.2011 passed by the Kerala State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No.204/2011. The appeal before the State Commission was filed against the order dated 30.11.2010 passed by the District Consumer Disputes Redressal Forum, Thrisur in CC No.694/2009 there by allowing the complaint and directing the opposite party contractor (petitioner herein) to pay a sum of Rs. 4,01,017 towards the cost of rectification of the defect in the construction of the tenement besides a compensation of Rs. 5,000 with interest @12% p.a. from the date of filing the complaint. The State Commission has dismissed the appeal and upheld the order of the District Forum.

(2.) Notice was issued to the respondent/complainant limited to the aspect if the Fora below were justified in granting the kind of relief they had granted to the complainant, which according to the petitioner was even in excess to the relief claimed by the complainant in his complaint.

(3.) We have heard the Counsel for the parties and have considered their submissions. Learned Counsel for the petitioner has invited our attention to the relief clause contained in the complaint filed by the complaint before the District Forum, which reads as under: