RAMCHANDRA Vs. VIJAY

JUDGEMENT

(1.) BOTH these appeals, No. 2259/2007 by the complainant and No. 2287/2007 by the opposite party, arise from the order dated 19.9.2007, passed by District Consumer Disputes Redressal Forum, Indore, directing the opposite party to pay Rs. 28,900 for repair of the complainant s house and Rs. 500 as cost.

(2.) THE complainant paid the opposite party builder, Rs. 4,15,000 towards plot and construction of a house. The allegation of the complainant is that the foundation was not made properly, and within 8 -10 months of the construction, the house started tilting to one side. A number of cracks also developed. He further alleges that the brick walls which according to specification were to be 9" were only 4" in width. The Drainage pipes and taps were also of poor quality. Alleging deficiency in service, the complainant has asked that Rs. 2,89,000, which he spent on the construction of the house is returned to him along with interest and compensation.

(3.) THE opposite party builder has denied all the allegations. He states that the complainant owed him Rs. 26,000. After taking possession of the house, Rs. 22,000 were paid by him, after much persuasion. He alleges that Rs. 4,000 are still due from the complainant, who has unnecessarily raised this dispute to avoid payment. He further states that the complainant made no complaint or objection when taking possession of the house and the present complaint is only to extract money.