MACRO MARVEL PROJECTS LTD Vs. PRESIDENT
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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M. THANIKACHALAM J. -
(1.) The complainant, leveling deficiencies against the builder/opposite
parties, has filed a case before the District Forum in CC No.104/2009,
seeking certain reliefs.
(2.) In that case, in order to note down the physical features and to
quantify the damage also, the complainant moved the application, for the
appointment of a commissioner, which was conceded by the District Forum,
by the order dt.26.11.2009, which is impugned in this revision.
(3.) The learned counsel for the Revision Petitioner, would submit that the
building was constructed in the year 2005, possession was handed over in
2005 itself, and therefore at this distance of time, if any damage had
been caused to the building, it might be due to wear and tear, or by
natural cause, which will not prove the actual damage claimed by the
complainant, and this being the position, by the appointment of
commissioner, and the commissioner inspecting the property, will not
serve any purpose, which was not properly considered by the District
Forum, which is opposed.;
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