K.Sampath, President - (1.) THE opposite parties in O.P. No. 171/2000 on the file of the District Forum, Chennai (North) are the appellants herein.
(2.) THE case of the complainant was as follows: The complainant was the absolute owner of the flat in second floor, 254/11, Pioneer Colony, Anna Nagar, Chennai. He took possession on 31.12.1984. The sale deed was executed on 9.10.1995. Even at the time of taking possession, the roof was defective. The leakage was found during rainy season. The opposite parties did plastering work earlier. During 1996, the opposite parties did some weathering course. In 1999 the roof completely collapsed and the complainant had to vacate the flat. On 16.6.1999 he gave a representation. The Junior Engineer came and prepared estimate. There was no further response from the opposite parties and the complaint came to be filed.
(3.) THE opposite parties took the stand that the claim was hopelessly barred by limitation. Whenever defects were brought to the knowledge of the opposite parties, they had done repair works. The repairs had occurred due to poor maintenance of the flat and there was no deficiency in service on the part of the opposite parties. Before the District Forum, the complainant marked Ex. A1 to A4 and the opposite parties filed Ex. B1 and Exs. B2 and Ex. C1 and Ex. C2 were marked as Court documents.;