M.THANIKACHALAM J. - (1.) This appeal aims, to set aside the order of the District Forum, dated 15.03.2007 in OP.207/2003, wherein, a direction came to be issued, against the opposite party, to pay a sum of Rs.55,000/-, based upon deficiency.
(2.) Brief facts:- The complainant/respondent, attracted by the Scheme projected by the opposite party namely Own House Scheme accepted to purchase a house in Site No.6, on the basis of salient features noted in the drawings. Pursuant to the finalization of the purchase, the total cost was fixed at Rs.5,70,000/-, which was paid in three installments. The opposite party also had executed a sale deed for the Site, for which, the complainant paid the charges extra.
(3.) The constructed area, as agreed was 916 sq.ft., in an extent of three cents. But, the opposite party has not constructed the bed room as specified/agreed and reduced the area. Though the original estimate was Rs.6,25,000/-, on negotiation, the complainant undertook to lay granite instead of mosaic and plumbing materials, for which, Rs.50,000/- was reduced, thereby making final cost at Rs.5,70,000/-. But, the opposite party while constructing the building, committed many defects, as detailed in para 5 of the complaint, which should be construed as negligent act, as well as deficiency in service. In addition, as agreed, Athikadavu Drinking Water supply was not given. In order to rectify the defects available in the building, the complainant requires a sum of Rs.2 lakhs, which should be ordered to be paid by the opposite party, in addition to, the cost of water purchased, as well a compensation of Rs.25,000/-. Thus, a consumer complaint came to be filed.;