N B MOULICK Vs. MONIRUDDIN ANSARI

JUDGEMENT

(1.) PETITIONER was the complainant. He engaged respondent No. 1/opposite party No. 1 as contractor for construction of his first floor house at BG-84, Sector-II, Salt Lake City, Kolkatta under the supervision of respondent No. 2/opposite party No. 2 Architect. Out of total consideration of Rs. 35,410, amount of Rs. 20,400 was paid by the petitioner to respondent No. 1 who abandoned the work on 21.4.1994. Pointing certain shortcomings in the work done by respondent No. 1 the complaint was filed by the complainant claiming amount of Rs. 1,00,450 from respondent No. 1. Complaint was contested by both the respondents by filing separate written versions. Respondent No 1 admitted of having been engaged by the petitioner for construction of first floor of the house under the supervision of respondent No. 2. It was alleged that petitioner was residing on the ground floor of the house and used to watch the construction work constantly and he never raised any objection during the progress of construction work done under the supervision and instruction of respondent No. 2. It was the petitioner who got the work suddenly stopped to defer the payment due. In his written version the respondent No. 2 alleged that he periodically supervised the work done by respondent No. 1. Deviations from sanctioned plan were made at the instance of petitioner for which respondent No. 2 has no responsibility. After analyzing the evidence adduced by the parties at length the District Forum dismissed the complaint by the order dated 11.2.2000. Dissatisfied with that order the petitioner filed appeal, which too was dismissed by the State Commission.

(2.) HAVING heard Mr. S.S. Sobti for petitioner we are not inclined to interfere in revisional jurisdictional the concurrent findings returned by both the Fora below that there was no shortcoming or defect in construction of first floor accommodated by respondent No. 1 or lapse in supervision of the work done by respondent No. 1, by respondent No. 2. Revision petition is, therefore, dismissed. Revision Petition dismissed.