LAWS(NCD)-2013-4-142

SINDHU KAILASH GAWADE Vs. GURUDATTA CONSTRUCTION

Decided On April 22, 2013
Sindhu Kailash Gawade Appellant
V/S
Gurudatta Construction Respondents

JUDGEMENT

(1.) PETITIONER /complainant has field the present revision petition under Section 21(b) of the Consumer Protection Act, 1986(for short, 'Act') challenging order dated 17.4.2012, passed by the State Consumer Disputes Redressal Commission, Mumbai (for short, 'State Commission').

(2.) BRIEF facts that petitioner/complainant gave contract for construction of her house to respondent/o.p, vide agreement dated 25.11.2002. It is alleged that while constructing the house, respondent used material of inferior quality and no proper water roofing was done. Petitioner complained to the respondent and also sent him a notice. Due to deficiency on the part of the respondent, petitioner filed a consumer complaint before District Consumer Disputes Redressal Forum, Pune (for short, 'District Forum').

(3.) RESPONDENT in its reply took the plea that he started construction of the house of the petitioner as per her opinion. It is further stated that he agreed to do the additional work apart from the agreement for which petitioner assured to give consideration for additional work. Respondent made the construction as per R.C.C. design. Petitioner has made vague allegations against him and has not filed any certificate of expert person for showing the lacuna in the construction District Forum, vide order dated 14.12.2008, partly allowed the complaint and passed the following order;