SANTOSH MEENA Vs. M P HOUSING BOARD

JUDGEMENT

(1.) THE petitioner/complainant had sought several reliefs before the Consumer Forum, which included Rs. 5,54,949 as interest @ 18% p.a. on the deposited amount of Rs. 9,75,753; refund of excess amount paid to the tune of Rs. 25,753; adjustment of a sum of Rs. 2,48,000 on account of deficiencies found at the time of delivery of possession and a sum of Rs. 2,92,726 on account of inferior quality of construction. Thus, a total sum of Rs. 8,73,428 was claimed with interest @ 18% p.a. from the date of filing of the complaint till the date of payment and Rs. 50,000 towards costs of mental and physical pain. However, the District Forum in order dated 4.4.2008 has stated in Para 7 that it is clear from the complaint that he has sought two reliefs namely; claim of 18% interest on account of late delivery of possession of house by respondent in July 2007 instead of May 2004 and that the respondent had left deficiencies in construction of the house.

(2.) REGARDING the first relief, it was stated that the complainant was not entitled to the said relief and in respect of the second relief directions were given to remove the defects mentioned in Annexure 'D'. Besides that compensation of Rs. 5,000 as damages towards mental torture and Rs. 1,000 as costs of litigation was awarded.

(3.) THE said order was challenged by the petitioner before the State Commission and the State Commission dismissed the appeal with the following order: