N SANTHOSH Vs. S G SIVAKUMAR

JUDGEMENT

(1.) Sh. S.G. Sivakumar, the complainant, entered into building construction of flat agreement dated 04.05.2007 with Sh. N. Santhosh- the OP. The complainant paid instalment from 04.05.2007 to 05.05.2008. The possession was handed over to the complainant on 21.06.2008. The complainant found cracks in the wall in the month of May, 2010. The said fact was brought to the notice of the Opposite Party. Thereafter, the floor of the house developed cracks and flooring of the house went down by one inch, in the month of August 2012. The complainant sent legal notice on 14.08.2012. The complainant filed a complaint before the District Forum on 05.10.2012.

(2.) The Opposite Party did not appear and was proceeded against ex-parte. The Ex-parte order was passed on 17.01.2013. Thereafter, the OP filed an appeal before the State Commission in the year 2013, which was allowed on 07.10.2013. The ex-parte order was set aside. The Opposite Party filed written statement on 10.12.2013.

(3.) On 07.01.2014, the complainant filed an application for appointment of a Local Commissioner before the District Forum. On 01.10.2014, the District Forum dismissed the said application on the ground that it was barred by time. The complainant filed a Revision Petition, against the order passed in CMP No. 8/14 in CC No.419/12 by the District Forum, before the State Commission. The State Commission held that the application for appointment of a Local Commissioner was within time and allowed the same.