NUTHIGATTU TRINADHA RAO Vs. SRINIVASA RESIDENCY FLAT OWNERS WELFARE ASSOCIATION

JUDGEMENT

(1.) The appeal is challenge to the order of the District Forum-I, Vishakhapatnam in C.C.No. 522 of 2008.

(2.) The facts of the case as represented by the respondent are that the respondent purchased flats from the appellant on financial assistance from a bank. The appellant collected amount towards service charges and additional work. The appellant delivered possession of the flat without completing the construction of the floor of the cellar and the compound wall. Subsequently the appellant had completed the floor of the cellar and failed to paint the walls of the lift and lay grilled frames on ducts. The respondent used substandard material for construction of the overhead tank due to which there was leakage of the water and consequently the cellar could not be used. The respondent sought direction to the appellant to pay an amount of Rs.2 lakh together with interest, compensation and costs. It was also prayed for a direction for construction of compound wall, laying grilled frames and painting of the walls of the Building, Srinivasa Residency, at Vishakhapatnam.

(3.) The District Forum held that the notice was served on the appellant and despite the receipt of the notice the appellant did not choose to contest the case. The District Forum proceeded with the case setting the appellant exparte and allowed the complaint directing the appellant to pay Rs.1,75,000/- and Rs.15,000/- towards compensation besides an amount of Rs.5,000/- towards costs.