(Per Mr.Dhanraj Khamatkar, Hon’ble Member)
(1) This appeal takes an exception to the order dated 28/01/2003 passed by District Forum, Thane in Consumer Complaint No.522/2001.
(2) The facts leading to the appeal can be summarized as below:-
The original complainant/appellant was put in possession of the flat on 12/10/2000. It is the allegation of the original complainant/appellant that on 29/08/2000, the conveyance is registered. The grievance of the complainant is that he found following defects in the flat:-
(i) Faulty and defective tiles, cracked & worn out tiles.
(ii) No final coat of colour given to the flat.
(iii) Poor painting inside the bathroom door.
(3) It is the contention of the complainant/appellant that the opponent failed to rectify the defects. Hence, he filed consumer complaint praying refund of `2,35,000/- with interest @24% p.a. from 07/05/2001 till its realization and removal of the defects. Also he claimed compensation for mental agony and costs. The opponent resisted the complaint contending that the cracks were not structural cracks, but hair line cracks and if needed can be filled with G.V.P.on mutual convenient day. The opponent denied other deficiencies.
(4) The forum below after hearing both the parties and going through the evidence adduced by the parties has partly allowed the complaint directing the opponent to fill up the hair line cracks by G.V.P. on mutually convenient day, provided the complainant will extend his co-operation for the same vide its order dated 28/01/2003. Being aggrieved by this order, the present appeal is filed.
(5) The matter was on sine-die list. It was placed before on 16/08/2011. We directed office to issue notice to both the parties. Accordingly, notices are sent. Today, complainant/appellant is present in person. He contended that the district forum has not taken into consideration his main prayers and passed the order without taking into consideration the prayers made by him. He has drawn our attention to the fact that the opponent/respondent had admitted the defects. At page 22 of the appeal compilation, there is a copy of letter written by the opponent to the complainant/appellant. Perusal of the letter shows that the opponent/respondent has explained regarding deficiencies. We observed that the complainant has not adduced any technical evidence to prove his case. In absence of the technical evidence, the district forum relying on the admissions of the opponent in written version has passed the order.
(6) We do not find any infirmity in the order passed by the district forum. The appeal filed by the appellant is without any merit. The order passed by the forum is just and proper. We hold accordingly and pass the following order.
ORDER
(1) Appeal is dismissed.
(2) The order of the district forum is hereby confirmed.
(3) Inform the parties accordingly.
(4) Pronounced in open court.
Pronounced on 11th October, 2011.
