A.K.ANNAMALAI J. - (1.) The Respondents as complainants filed a complaint before the District Forum, Madurai, alleging deficiency against the opposite parties to lay a new flooring for the North west bed room and to rectify the defects in the complainants flat within a time to be stipulated by this Honble Forum failing which direct the opposite parties to pay a sum of Rs.50,000/- to the complainants, to pay a sum of Rs.10,000/- towards damages for mental agony, and to pay the cost of the proceedings. The District Forum, allowed the complaint against the opposite parties. Against the said order, this appeal is preferred by the opposite parties, praying to set aside the order of the District Forum, Madurai, dated 20.12.07 in C.C.No.360/2005. This appeal coming before us for hearing finally on 30.03.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite parties are the appellants.
(2.) The complainant filed a complaint against the opposite parties praying for direction to lay a new flooring for the bed room and to rectify the defects in the complainants flat purchased from the opposite parties failing which to pay a sum of Rs.50,000/- and for Rs.10,000/- for damages and mental agony and for costs.
(3.) The brief details of the complainants case as per the complaint is as follows :- Complainants have purchased a luxury flat from the opposite parties for Rs.15,13,050/- by borrowing more than Rs.10,00,000/- as loan when they occupied the flat they have faced lot of difficulties due to improper construction of the flat. In the Northwest bed room space was provided for keeping the washing machine adjacent to the attached bath room and the flooring was not properly laid for the northwest room so as to enable the water to drain in its attached bath room. Because of the same whenever washing machine used the water flows over the bed room and flood the dining hall, drawing room and front balcony. Every day it has to be removed manually. Cracks have developed around the door frames in all the doors and in the walls. Hence without the opposite parties addressed a letter dated 16.6.2004 they have sent a reply admitting that they have constructed entire flat with O level and they would correct the floor level at the complainants cost. Hence the opposite parties are liable to pay a sum of Rs.10,000/- towards damages and for mental agony and thereby the complaint is filed.;