V BALASUBRAMANIAN Vs. R SATHYAMURTHY

JUDGEMENT

(1.) FIRST Appeal No. 196/95 is directed against the order dated 2.12.94 of the Tamil Nadu State Consumer Disputes Redressal Commission in O.P. No. 166/ 94. The complainant is the appellant before us.

(2.) FACTS of the case as per available records are as follows. The complainant owned the land and house at the bungalow in Plot No. 80/A at Door No. 1, 4th Cross Street, Raja Annamalaipuram, Madras. The opposite party is a builder. They entered into an agreement dated 7.6.91 according to which the plot is divided into two parts A and B, 'A, measuring 5673 sq. ft. and 'B' measuring 4000 sq. ft. The opposite party was to give Rs. 16 lakhs to the complainant and put up a building free of cost in portion 'B' which will consist of ground and three upper floors with one flat on each floor having a built-up area of 1300 sq. ft. or thereabout as per plan. The above costs are to be met by the opposite party from the sale proceeds of 8 flats to be put up by him in portion 'A'. In the performance of the said agreement, the complainant alleged before the State Commission as many as 11 items of deficiencies and claimed a total sum of Rs. 14,09,100/- as compensation and other reliefs.

(3.) AGGRIEVED by this order of the State Commission, the complainant has preferred this appeal. We have heard the appellant in person and the Counsel for the opposite party. The appellant was permitted to file his written submission also. The appellant has reiterated that the agreed area to be constructed was 1300 sq. ft. The relevant agreement dated 7.6.91 in this regard reads inter alia that "the building B' will consist of ground and three upper floors with one flat on each floor, each having a built up area of 1300 sq. ft. or thereabouts as per the plans and specifications thereto annexed.,' The agreement is thus not specific about the builtup area. We are of the view that the State Commission has carefully gone into the allegations in the complaint in so far as they come under the purview of Consumer Protection Act and awarded appropriate reliefs to the appellant. We confirm the order of the State Commission. In the result, the Appeal fails. Parties will bear their respective costs.