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K. SURENDRA MOHAN, T. S. P. MOOSATH, RANJIT R., RADHAKRISHNAN K. R.
S. Chandrika – Appellant
Versus
Chenthamarakshan – Respondent
ORDER
T.S.P. Moosath, Judicial Member—Appeal No. 857/2015 is filed by the complainant and Appeal No. 454/2017 is filed by the opposite party in C.C. No. 159/2012 of the Consumer Disputes Redressal Forum, Palakkad, in short the District Forum, against the order passed by the District Forum by which the opposite party was directed to pay Rs. 1,50,000/- as compensation and Rs. 5,000/- as costs of the proceeding to the complainant.
2. The averments contained in the complaint are, in brief, as follows: The complainant entrusted the work of construction of her house building with the opposite party and for that purpose they had executed an agreement on 31.08.2009. As per the agreement the opposite party was bound to construct and handover a RCC residential house on the specification details stated in the agreement with good quality materials and as per the consideration as agreed and decided by the complainant. As per the terms of the agreement, it has been mutually agreed that the consideration for the said construction is Rs. 800/- per sq. ft. Time was the essence of the agreement and it was mutually agreed and decided also. The complainant was required to pay Rs. 7,21,200/- as the tot
Remand – Ordering a remand would cause additional hardships to the parties to the list as no useful purpose would be served in doing so.
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....
Separate Agreement – Complainant would submit that no separate agreement was executed, since the opposite parties had agreed to carry out the construction as per the rate agreed in Exhibit A1 with re....
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like an appellate court.
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....
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