B JAYAPERUMAL Vs. P SIVASANKAR

JUDGEMENT

(1.) The complainant entered into a construction agreement dated 10.05.2007 with the petitioner for the construction of a residential house. It was mutually agreed between the parties that the complainant shall pay a sum of Rs. 85,000/- to the petitioner for construction of overhead water tank, septic tank, compound wall and service connection etc. The petitioner agreed to complete the construction within a period of six months. The complainant made an advance payment of Rs. 50,000/- to the petitioner, followed by payment of Rs. 6,60,000/- through State Bank of India, thus making a total payment of Rs. 7,10,000/-. The construction was not completed in time and according to the complainant, there were several defects/deficiencies in the construction. Estimating the cost of removing those defects/deficiencies to be Rs. 1,50,000/-, the complainant approached the concerned District Forum by way of a complaint, seeking payment of Rs. 1,50,000/- towards rectification of the said defects/deficiencies and Rs. 2 lakhs as compensation.

(2.) The petitioner did not appear before the District Forum and was proceeded ex-parte. Vide order dated 29.09.2011, the District Forum directed the petitioner to pay a sum of Rs. 1 lakh to the complainant for completing the remaining construction/removing the deficiencies in the building and a sum of Rs. 25,000/- as compensation.

(3.) Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide impugned order dated 11.02.2015, he is before us by way of this revision petition.