JOSE THOMAS Vs. SANKARAMOORTHY REDDIYAR

JUDGEMENT

(1.) DELAY of 38 days in filing revision petition is condoned.

(2.) PETITIONER /Opposite Party being aggrieved by order dated 31.3.2012 passed in (First Appeal No. 551 of 2011) by Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (for short, 'State Commission') has filed this revision under Section 21(b) of the Consumer Protection Act, 1986 (for short, 'Act').

(3.) BRIEF facts are, that Petitioner/Opposite Party was entrusted with the construction of aluminum roof over Respondent/ Complainant's house. The matter was entrusted on 20.12.06 vide a written undertaking. It was assured by the respondent that construction will be carried with quality materials and aluminum sheet manufactured by 'Everlast Company'. The work was completed in December, 2008. Despite assurance given by the petitioner, he used low quality materials and did not install the required number of pillars. As a result, central portion of the roof got bent which resulted in stagnation of rain water during rainy season. Although requested to rectify the defects, but petitioner evaded. It is further stated that on 6.4.2010, central portion of the roof suddenly collapsed during rains and entire roofing was dislocated. It is alleged, that above was occasioned on account of the low quality of materials being used and poor workmanship. Thereafter, respondent got the roof reconstructed by St. Thomas Industries and had to spend Rs.1,92,660/ -. Accordingly, respondent sought compensation of Rs.2,00,000/ -.