G. SUBRAMANIA PILLAY Vs. M. UNNIKRISHNAN

JUDGEMENT

(1.) This revision petition challenges a common order dated 17.4.2013 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram in appeal Nos.252/2012 & 608/2012 whereby the State Commission partly allowed the appeal No.252/2012 filed by the respondents/opposite parties and dismissed the other appeal No.608/2012 filed by the petitioner/complainant.

(2.) Briefly stated, the facts of this case are that the revision petitioner herein who is the original complainant had entrusted the work of constructing a residential building with a plinth area of 600 sq. ft. @ Rs.750/- per sq. ft. to the respondents/opposite parties on 23.6.2008. As per the agreement between the parties, the construction of the building was to be completed by January, 2009. The opposite parties had also agreed to construct a compound wall at a cost of Rs.20,000/-. The period of construction was extended for another six months in February, 2009. As per the allegation in the complaint, the complainant had paid Rs.6.2 Lakhs against the cost of construction which came to Rs.4.55 Lakhs. Since there was delay in the completion of the construction within the stipulated time, the complainant filed a consumer complaint claiming Rs.1,65,000/- being the excess payment to the opposite parties and Rs.20,000/- for the depreciation of the building and Rs.45,000/- as rental value for 15 months and Rs.60,000/- by way of compensation for the damages with interest.

(3.) The opposite parties contested the claim. Both the parties filed their evidence in support of their claims. The District Forum vide its order partly accepted the complaint in terms of the following reliefs: -