(1.) Both these revision petitions arise out of single complaint, hence, decided by a common order.
(2.) Revision petition No. 3704 of 2013 has been filed by the petitioner against the order dated 10.9.2013 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 4/2013.. Vishwanath Uchila v. Sudhakar K. Uchil by which, while dismissing appeal, order of District Forum allowing complaint was upheld. Revision Petition No. 3705 of 2013 has been filed by the petitioner against the order dated 18.9.2013 passed by the State Commission in Appeal No. 1181/2013, Vishwanath Uchila v. Sudhakar K. Uchil by which, appeal was dismissed against the order passed by District Forum in execution petition.
(3.) Brief facts of the case are that Complainant/respondent entrusted construction work of residential house to OP/ petitioner vide agreement dated 12.1.2011 for a sum of Rs. 17,00,000. As per agreement, construction was to be completed within 3 months with grace period of 15 days and if work was not completed within the grace period, OP was to pay penalty of 1.5% per week upon the total cost of construction. It was further submitted that complainant made payment of Rs. 18,83,000 to the OP, but OP has not completed construction within the stipulated period and also collected excess amount of Rs. 1,23,000. It was further submitted that low quality material was used and construction was also defective. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP did not appear before District Forum and he was proceeded ex parte. Learned District Forum after hearing complainant allowed complaint and directed OP to pay penalty @ 1.5% per week for delayed period of 26 weeks on a sum of Rs. 16,54,310 and was further directed to pay Rs. 1,000 as compensation. Appeal filed by OP was dismissed by learned State Commission vide impugned order on the ground of delay as well on merits against which, Revision Petition No. 3704 of 2013 has been filed.