S.JANARTHANAM Vs. EXECUTIVE ENGINEER
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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K.SAMPATH, J. -
(1.) The 2nd complainant in O.P.No.109/96 on the file of the District
Consumer Disputes Redressal Forum, Tiruchirapalli, are the appellants
herein. The original complaint was disposed on 26/03/97. It is more than
11 years since then.
(2.) The complaint itself was filed against the opposite parties for
rectification of certain defects in the house of the 2nd complainant or
to allot a 'B' type house to him and to pay him Rs.1,00,000/- as
compensation. His case was that he was allotted premises in which he
found dampness in walls, leaks and bathrooms in bad condition on account
of which when he was away from the house, theft had taken place and in
the process, he lost Rs.75,000/- that in spite of his representation for
rectification of defects, the same was not done. In these circumstances,
the complaint came to be filed.
(3.) The defence set up was that the defects pointed out were minor in
nature and were immediately attended to and the theft alleged should have
been due to want of care taken by the 2nd complainant and the opposite
parties could in no way be held responsible or liable and in any event,
the 2nd complainant was not entitled to 'B' type house in view of his
income and that the complaint was liable to be dismissed.;
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