G. ADISESHU Vs. P. BEENA DEVI

JUDGEMENT

(1.) Petitioner/Opposite Party being aggrieved by order dated 15.09.2006, passed by A.P. State Consumer Disputes Redressal Commission, Hyderabad (for short, 'State Commission') has filed this revision petition under Section 21(b) of the Consumer Protection Act, 1986 (for short, 'Act').

(2.) Brief facts are that Respondent/Complainant entered into an agreement for construction of a house building on her plot with petitioner for a value of Rs.5,00,000/-. Petitioner agreed to construct the building within 90 days from the date of handing over of the site, with 30 days grace period. Even though, respondent paid the amount and performed her obligations, but petitioner failed to perform his part of obligation including handing over the schedule property. Alleging deficiency of service on the part of petitioner in construction and also for delay in handing over the building, respondent filed consumer complaint seeking direction to the petitioner to refund the cost of Rs.45,320/-spent by her alongwith interest at 24% p.a. and Rs.4,46,000/-towards damages for mental agony and for delay in handing over the building in complete stage.

(3.) Petitioner in its written statement took the plea that there is no deficiency of service. The construction has been done as per terms of the agreement. Further, construction area was increased at the request of the respondent. Moreover, the cheques issued by respondent were bounced. It is further stated that respondent is liable to pay Rs.2,00,000/- for additional construction. The petitioner has filed a civil suit for recovery of Rs.2 lakhs against the respondent. After the suit was filed, respondent filed the complaint as a counter blast to avoid the payment and to have unlawful gain. Hence, the complaint is liable to be dismissed with exemplary costs.