JANKI SAHU Vs. POONARAM SAHU

JUDGEMENT

(1.) The present Revision Petition is filed under Sec. 21(b) of the Consumer Protection Act, 1986 (the "Act") against the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur ('State Commission') order dtd. 28/6/2017 in Appeal No.219 of 2017, wherein the State Commission allowed the Appeal filed by the OP and reversed the Order of District Consumer Dispute Redressal Forum, Durg ("District Forum") dtd. 10/2/2017 in CC No.364 of 2016.

(2.) For convenience, the parties in the present matter are referred as per the Complaint before District Forum.

(3.) Brief facts of the case, as per the complainant, are that in January 2015, the complainant contracted with Opposite Party (OP) to demolish her house and construct a new one. They agreed @ Rs.125.00 per square foot for the ground floor and @ Rs.120.00 per square foot for the first floor. Construction began on 25/1/2015. Due to lethargic and suspicious behaviour of OP, she executed a formal agreement on 26/3/2015, through her brother, Sanjay Sav specifying the terms of construction. The OP prepared excessive concrete materials, leading to wastage of approximately 70 bags of cement and other material. The gallery on the first floor was constructed with a height exceeding that of the rooms, causing water to seep into the rooms. The flooring of ground floor began sinking due to poor-quality work. She claimed that the house was unusable due to these defects, estimating Rs.1,00,000.00 would be needed to rectify the issues. The complainant had forwarded a legal notice to the OP on 3/3/2016, but the OP failed to respond. She alleged the said actions of the OP's constituted deficiency in service and unfair trade practices and she filed a case before the District Forum, seeking Rs.50,000.00 as compensation for wastage of 70 sacks of cement, sand and loose rock material, Rs.1.00 Lakh for reforming the unused house, Rs.1.00 Lakh due to commercial misconduct and litigation cost etc.