M.THANIKACHALAM J. - (1.) Aggrieved by the order of the District Forum, Trichy, in O.P.No.23/2006, the opposite party, and the complainant, have preferred the appeals F.A.No.510/2007 and F.A.No.273/2009, respectively.
(2.) Parties are referred, as per the ranking in the complaint. The complainant and the opposite party, have entered into an agreement of construction, and under the agreement, the complainant had agreed to purchase a flat, in the ground floor, measuring 975 sq.ft., for which the entire consideration was paid, totaling a sum of Rs.10,75,000/-. The opposite party gave temporary receipts, only for a sum of Rs.6,25,000/-, and failed to give receipt, for the rest of the amount of Rs.5,75,000/-, which should be construed as deficiency in service.
(3.) The complainant was given possession of the flat, since the opposite parties have received entire consideration. In this area, there are 12 flats, and single municipal water tap connection provided, is insufficient, and therefore the opposite parties are bound to provide a separate water tap connection, to the complainant. The opposite party also had received a sum of Rs.6000/-, for drainage connection, for which also separate receipts were not given. In this building, even for the flats, bigger than the flat purchased by the complainant, corporation tax is less, and the opposite party has not taken steps, to reduce the tax. Thus, the opposite party had committed negligent act, as well as deficiency, which he failed to rectify, even after notice, thereby causing mental agony, for which the complainant is entitled to a sum of Rs.25000/-. Thus praying several reliefs, a consumer complaint came to be filed.;