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K. SURENDRA MOHAN, T. S. P. MOOSATH, BEENAKUMARY A.
P. C. Reghuthaman – Appellant
Versus
Rajesh Kumar – Respondent
JUDGMENT
Beenakumary. A., Member—Appellants are the complainants and respondent is the opposite party before the Consumer Disputes Redressal Forum, Ernakulam (in short the District Forum) in C.C. No. 819/2012.
2. Brief facts of the case are follows:
The complainants entered into a contract with the opposite party on 17.07.2012 for the construction of a building having an extent of 221.80 sq.m. as per permit No. 239/12, issued by N. Parur Municipality, at an agreed rate of Rs. 1000/- per square feet, making a total of Rs. 24,09,000/-for the construction of the whole building. The construction stared on 19.07.2012. The opposite party who undertook the construction work did not follow the covenants in the agreement. The pits taken for erecting the column and pillars were not having the required depth and the proportion of cement mortar used was substandard. The alignment of the structure of the building was irregular. The whole construction made so far, was deprived of technical expertise, affecting the stability of the building, and against the plan approved by the Municipality. The complainants had so far paid Rs. 3,27,000/- to the opposite party in advance. However the examinatio
Commercial Purpose — All shop rooms are commercial buildings, at the time of issuing building permits. This is not the deciding factor that the complainant was planning to use the shop for commercial....
Remand – Ordering a remand would cause additional hardships to the parties to the list as no useful purpose would be served in doing so.
Absence of Evidence – In the absence of evidence produced by the complainant in the form of terms of contract entered into between the parties, bills for such alleged items procured in excess, and ev....
The National Commission emphasized its limited revisional jurisdiction, requiring clear jurisdictional errors for interfering with concurrent findings of fact from lower forums.
1) Cancellation of the Residential House by the Petitioner, instead of correction of defect in the building and further allotment of the same to the third party, certainly amounts to deficiency in se....
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