BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

                                                C.C.No.35/2012

Dated this the 20^th day of February 2015.

G. Xavier, S/o.Gnanamanickam

Plot No.39, 40, Vincent Road,

Gabriel Nagar, Oulgaret

Puducherry-10.                                                                                 …. Complainant

Vs.

S. Kesavan, S/o.Srinivasan

Technical Assistant (Building Division)

Pondicherry Engineering College

Pillaichavady, Puducherry                                                             .... Opposite Party

BEFORE:

            THIRU.A.ASOKAN, B.A., B.L.,

            PRESIDENT 

Tmt. PVR. DHANALAKSHMI, B.A.,B.L.,

           MEMBER

FOR THE COMPLAINANT                       :  Thiru.M.V.Vaithilingam, Advocate

FOR THE OPPOSITE PARTY                  :  Tvl.AND Law Associates, Advocate.

                                                 O R  D  E  R

            This is a complaint filed u/s.12 and 14 of Consumer Protection Act, 1986 for :

1. Directing the opposite party to refund a sum of Rs.5,28,000/- (Rupees five lakhs twenty eight thousand) being the tentative cost for renewal of the building after partial demolition as stated in Commissioner/Engineer's report dated 08.10.2009 filed before the Hon'ble State Commission in Appeal No.22/2011, which reveals that it is purely defect in the construction and deficiency in service on the part of the opposite party alongwith its interest at 18% p.a. from 08.10.2009 till the date of realisation.
2. Directing the opposite party to pay a sum of Rs.2,00,000/- additional cost for demolishing and reconstruction.
3. Directing the opposite party to pay a sum of Rs.2,00,000/- towards compensation for the complainant's mental agony.
4. Directing the opposite party to pay a sum of Rs.25,000/- towards cost of this compliant.

The complaint was called on 18.02.2015.  The complainant present,  the opposite party present.  Counsel for complainant and the opposite party present.  Both the parties filed Joint Compromise Memo.  The terms of the Joint Compromise Memo is as follows:

(1)The complainant in quite of all his claims made in the complaint as agreed to receive from the opposite party a sum of Rs.1,50,000/- and the opposite party has agreed to the same.

(2) The complainant has received this day from the opposite party a sum of Rs.50,000/- the receipt whereof the complainant doth hereby acknowledge by the execution of these present.  The opposite party has agreed and undertaken to pay the balance of Rs.1,00,000/- in monthly installments of Rs.5000/- on or before 5^th of every month commencing from March 2015.

(3)The opposite party has agreed, in default of one such installment as agreed in clause 2, supra, to pay the outstanding balance as lump-sum with interest at 9% per annum

(4) The complainant has consented to the opposite party depositing the monthly installment of Rs.5000/- every month to the credit of the account of the complainant being account number 844110105150 with Canara Bank, Puducherry.

(5) The parties hereto agree that by this Joint compromise all the claims between them have been mutually, fully and finally settled and there are no further or future claims subsisting between them.

(6) The parties hereto agree to bear their respective costs of the complaint.

Today the complaint was called.  The complainant present, opposite party present.  Counsel for complainant absent and counsel for opposite party is also absent. In view of the Joint Compromise memo filed by both the parties, this complaint is hereby dismissed as settled. No cost.  The terms of above Joint Compromise memo shall form part and parcel of this order.

Dated this the 20^th day of February 2015.

                                                                                                                                 (A. ASOKAN)

PRESIDENT

(PVR. DHANALAKSHMI)

MEMBER