Tamil Nadu

StateCommission

A/565/2022

Dr S.Venkatesan - Complainant(s)

Versus

M/s Limra Builders Proprietor - Opp.Party(s)

28 Apr 2023

ORDER

 

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI – 3.

 

BEFORE :                  Hon’ble Justice R. SUBBIAH                                        PRESIDENT

 Thiru R VENKATESAPERUMAL                                   MEMBER                        

                      

F.A. No.565/2022

 

(Against order in C.C. No.06/2021 dt.07.09.2022 on the file of the

DCDRC, Kanchipuram @ Chengalpattu)

 

DATED THIS THE 28^TH DAY OF APRIL 2023

 

Dr. S. Venkatesan,

S/o. Mr. Subbiah,

No.3, Palani Street,

Mangalakudiyeruppu,

Thatchanallur,

Tirunelveli – 627 358.                                                          … Appellant / Complainant.                                                            

- Versus -

 

M/s. Limra Builders,

Represented by its Proprietor,

Mr. Syed Ali Jahubar, S.A.S.M.,

S/o. Mr. Syed Abdullah,

Having office at:

Aarthi Towers,

B-Block, Shop No.6,

No.263-A, Velacherry Main Road,

East Tambaram,

Chennai – 600 059.                                               … Respondent / Opposite party.

 

Counsel for Appellant / Complainant                :  M/s. R. Venkata Varathan

Counsel for Respondent /  Opposite party       :  M/s. K. Harikrishnan

 

This appeal coming before us 28.04.2023 and on hearing the arguments of appellant and on perusing the material records, this Commission made the following:-

ORDER

HON’BLE THIRU.  JUSTICE R. SUBBIAH, PRESIDENT.  ( Open Court).

  

1.       This appeal has been preferred by the appellant/complainant against the order of the District Commission, Kanchipuram  District @ Chengalpattu made in C.C. No.06/2021 dated 07.09.2022, dismissing the complaint filed by the appellant / complainant for non- filing of proof affidavit of the complainant for a long time.

 

2.           The appellant herein has filed the complaint as against the opposite party alleging deficiency of service for the following reliefs:

            (i) To pay a sum of Rs.11,54,425/- being the remaining consideration of the excess super built up area in the scheduled A Property as per the Deed of Undertaking dt.24.05.2016 with interest at the rate of 18% p.a.;

            (ii) To pay the cost for 95 sq. ft. being the excess super built up area in the ground floor at Rs.3,000/- per sq. ft. i.e. Rs.2,85,000/-;

            (iii) To complete the incomplete works like installing meter, meter board and other incidental work for effecting the electricity service connection to the Schedule B Property;

           (iv) To pay the compensation of Rs.5,00,000/- towards compensation for mental agony and deficiency in service caused by the opposite party;

(v) To pay the cost of the complaint.

 

3.         In the said complaint, proof affidavit of the complainant has not been filed for a long time to prove the allegations made in the complaint inspite of sufficient opportunities that were given to him.    Finally, when the matter came up on 07.09.2022, the complaint was dismissed for non-filing of proof affidavit by the complainant.    Against which, the present appeal has been filed.

 

4.         Though the conduct of the appellant exhibits the lethargic attitude, when the case had come up for hearing on 05.04.2023 in order to provide an opportunity to the appellant / complainant to prosecute the case on merits, this appeal was allowed on a condition that the appellant shall pay a sum of Rs.3,000/- to be payable to the Legal Aid Account, SCDRC drawn in favour of the Registrar, S.C.D.R.C., Chennai on or before 27.04.2023.  

 

5.         Today, when the matter again appeared in the list, it is reported by the Counsel for appellant that the conditional order has been complied with.  Hence, the order of the District Commission, Kanchipuram @ Chengalpattu in C.C. No.06/2021 dt. 07.09.2022 is set aside and the matter is remitted back to the District Commission, Kanchipuram @ Chengalpattu with a direction to restore the complaint on their file.   The District Commission, Kanchipuram @ Chengalpattu is further directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance proceed with the case in accordance with law. 

 

            In the result, the appeal is allowed by setting aside the order of the District Commission, Kanchipuram @ Chengalpattu in C.C. No.06/2021 dt.07.09.2022 and the District Commission, Kanchipuram @ Chengalpattu is directed to restore the compliant on the file for fresh disposal.

The District Commission, Kanchipuram @ Chengalpattu is directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law on merits.  

 

 

 

 

R  VENKATESAPERUMAL                                                                     R. SUBBIAH

                         MEMBER                                                                              PRESIDENT

 

KIR/TNSCDRC/Chennai/Orders/April /2023.