- (1.) THIS appeal is directed against the order dated 3.3.2010 of District Consumer Disputes Redressal Forum, Raipur (CG) (herein after called "District Forum" for short) in Complaint Case No. 230/2008, whereby the complaint of the appellant herein, alleging deficiency in service in construction of a house under Self Finance Scheme by the respondents/Housing Board and claiming compensation of Rs. 1,00,000 for defective construction and also loss @ Rs.1,800 per month for 20 months as well as Rs.50,000 as compensation for mental and physical agony, has been dismissed.
(2.) IT is not in dispute that the respondents /C.G. Housing Board constructed few houses in Kabir Nagar Colony, Raipur developed by it. As per the Scheme, the houses were to be sold either under Self Finance Scheme or under Hire Purchase Scheme. The appellant herein, got himself registered for a house to be purchased under Self Finance Scheme. A tri -party agreement was executed between the appellant, Housing Board, as well as the Bank and thereafter instalments were paid by him as demanded by the Housing Board for construction of the house.
(3.) THE case of the complainant before the District Forum was that in spite of payment of instalments in time, the Housing Board delivered the possession of the house much late after lapse of around three years. The quality of construction of house was very much poor and on account of poor construction quality and delayed delivery of possession of the house, he suffered financial loss as well as physical harassment, so alleging deficiency in service on the part of the Housing Board, consumer complaint was filed by the complainant before the District Forum. The complaint was contested by the Housing Board mainly on the ground that it committed no deficiency in service. The Lease Deed of the land was executed in time as and when amount was paid by the complainant and thereafter within reasonable time, the house was constructed and was delivered to the complainant. The quality of construction of the house, was to the satisfaction of the complainant. The defects as pointed out by the complainant were also removed by the Housing Board. Thus, the Housing Board, was not liable for any compensation for the alleged deficiency in service.;