No. 5/20.09.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant is present in person.  This appeal is by the Complainant against the order of the Forum below only for the purpose of enhancing the amount of compensation and the litigation cost as awarded by the Forum below upon allowing the complaint ex-parte.

According to the complaint the Complainant purchased a flat from the O.P. and obtained possession thereof upon payment of consideration as agreed between the parties.  It has been alleged in the complaint that soon after taking over possession by the Complainant various defects in the construction of the flat were noticed relating to poor ventilation and drainage system, water leaking from the roof and other constructional irregularities were noticed.  In spite of repeated requests the O.P. failed to rectify the said defects.  The complaint has thus been filed for direction upon the O.P. to rectify the said defects in the construction and also to issue Completion Certificate to the Complainant with further direction for payment of compensation and litigation cost.

The O.P. has not appeared to contest the said claim case before the Forum below.  In spite of notice no one is also appearing on behalf of the O.P. – Respondent in this appeal.  In view of the allegation made in the complaint and more particularly regard being had to the fact that the complaint case has been allowed by the Forum below on the basis of the evidence and/or materials produced by the Complainant before the Forum below and since the Complainant has obtained possession upon full payment of price of Rs.4,25,000/- to the O.P. by way of consideration for purchasing the said flat in question and also by considering the length of suffering by the Complainant we dispose of the above appeal by holding that the complaint case shall stand allowed with the directions as made by the Forum below only with the modification that the Complainant would get Rs.25,000/- instead of Rs.5,000/- as awarded by the Forum below by way of compensation for causing harassment and mental agony to the Complainant and a sum of Rs.5,000/- instead of Rs.1,000/- by way of litigation cost.  The aforesaid amounts shall be paid to the Complainant within a period of one month from the date of making of this order failing which the same will further carry interest @ 10% per annum till realization.  The appeal is thus allowed.