LAWS(APCDRC)-2010-6-23

PADMAJA CONSTRUCTIONS Vs. TANDUR SUGUNA

Decided On June 29, 2010

JUDGEMENT

(1.) Being aggrieved by the order dated 12.06.2007 passed in PP 02/2007 in C.C. No. 16/2006 on the file of the District Forum, Mahabubnagar sentencing the respondent to undergo rigorous imprisonment for a period of one year.

(2.) The respondent/complainant in CC 16/2006 has filed PP 2/2007 alleging that the appellants failed to comply with the directions to complete the works as per the agreement and hand over the flat no. 306 in a living condition on or before 18.12.2006 and pay interest @ 8% on a sum of Rs.3,20,000/- and at 18% pa on Rs.1,95,000/- from 01.03.2006 till handing over the flat. Further directed to pay court expenses of Rs. 1000/- and costs.

(3.) It is further stated by the respondent/complainant that he took possession of the flat no. 306 on 17.12.2006 and offered to pay a sum of Rs. 20,640/- to the second opposite party but he refused to accept the same. Though the flat was delivered the main door was not fixed, so also, internal seven doors and glasses to the shutters to the windows were not fixed. The respondent/complainant filed a calculation memo stating that he is entitled for a sum of Rs.89,360/- towards interest and if the said amount is adjusted from out of Rs.1,10,000/- payable by him he had to pay only a sum of Rs.20,640/- which amount was offered by issuing a cheque. The respondent/complainant had requested to complete the unfinished work providing lift and drinking water supply etc. Though notice was acknowledged, the second opposite party failed to comply with the directions. The opposite parties are intentionally dragging on the matter not complying with the orders. Hence they have to be punished as per the provisions of the Consumer Protection Act.