JESSIE RAJAMAANICKAM Vs. D. GOVINDASAMY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 29.8.2011 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, 'the State Commission') in Appeal No. 133/09 D. Govindasamy & Anr. Vs. Mrs. Jessie Rajamanickam by which while allowing appeal, set aside order of District Forum allowing complaint and dismissed complaint.

(2.) Brief facts of the case are that petitioner/complainant entered into an agreement with the OP/Respondent Nos. 1 & 2 for purchase of a flat and as per agreement, petitioner was required to pay Rs.5,25,000/- which she paid and took possession of flat on 1.11.2002. After occupying flat, petitioner noticed many defects in the construction and omissions and requested OPs to rectify the defects but as defects were not removed, petitioner filed complaint alleging deficiency and claimed compensation. OPs/Respondents contested complaint and submitted that as per request of complainant, additional work was done and OPs were to receive Rs. 6,14,220/- whereas complainant had paid only Rs.5,95,500/- and balance amount of Rs.18,720/- is still due from the complainant and further denied any defect in the construction. Learned District Forum after hearing both the parties allowed complaint and directed OPs to pay compensation of Rs.1,00,000/- and Rs.5,000/- as litigation charges. OPs filed appeal before the State Commission and learned State Commission vide impugned order allowed appeal and dismissed complaint against which this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner, Authorized Representative for Respondent No.1 and Respondent No. 2 in person at admission stage and perused record.