M.THANIKACHALAM, J. - (1.) The Complainant is the appellant.
(2.) The complainant/ appellant, entered into an agreement, to purchase a flat, at ground floor, M. Lakshmi Apartments, No.5, 4th Street, Zackira Colony, Kodambakkam, for a sum of Rs.4,21,200/-, measuring an extent of 468 sq.ft. A sale deed, in respect of the land was registered on 14.11.1996, for consideration paid viz. Rs.40,100/-. On 10.12.96, the opposite party agreed to construct the flat, for a consideration of Rs.3,81,100/-, and the amount also paid. The flat so constructed was found to be defective, with extensive damage, and when reported, the opposite parties agreed to take back the above said flat, and adjust the cost of the flat by constructing a house for the complainant, at 12A Varadarajapet Main Road, Kodambakkam. After construction, the opposite party informed on 13.3.2001, that the complainant has to pay the balance of Rs.11,20,500/-, adjusting the cost of the defective flat at Rs.4,21,200/-.
(3.) The opposite parties, have not taken any steps to take back the defective flat, despite repeated request, thereby he was compelled to pay property tax, sewerage charges, etc., unnecessarily. The conduct of the opposite party amounts to deficiency in service, as the construction of building the flat was defective, and the complainant is entitled to return the defective flat to the opposite parties, which he failed to take, which should be construed as unfair trade practice. Because of the deficiency in service committed, the complainant is entitled to compensation, which is estimated moderately at Rs.10000/-, thus alleging originally for the following prayers, a complaint came to be filed. a. Take possession of the defective flat under a registered sale deed at their cost. b. pay a sum of Rs.7925/-, spent by the complainant towards property tax, and water and sewerage tax. c. pay a sum of Rs.5,00,000/- towards compensation for mental agony inconvenience and hardship caused; d. pay costs of this complaint;