A.P.SUSHEELA SOMASEKAR Vs. M.P.JOHN

JUDGEMENT

(1.) The complainant appeals.

(2.) The complainant had a house built by the respondents and he found some important defects in the construction. Therefore he filed a complaint seeking direction to the opposite party to rectify the defects and to pay compensation for damages to the tune of Rs.1,35,500.00 and an additional amount of Rs.50,000.00 for mental agony.

(3.) When the matter was enquired into by the District Forum it was admitted that the cause of action arose in the year 1989, when the complainant first noticed the defects and therefore a question arose whether the matter was within the period of limitation. The complaint was filed on 20/7/94 and by that time Sec. 24-A has come into force prescribing two years of limitation. After hearing fully the parties on the point of limitation, the District Forum came to the conclusion that the matter was barred by limitation and accordingly dismissed.