Tribunals and Commissions

LUCKNOW DEVELOPMENT AUTHORITYA vs AKHTAR RIZWAN

National Consumer Disputes Redressal Commission · Decided on 5 April 2006 · Citation: 2007 4 CPJ 65

HON’BLE JUDGES
Palok Basu , Vinod Shankar Chaubey J.
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 313 words
1.

-DETAILED grounds have been urged by Mr. Sunil Sharma challenging the order of the District Forum dated 22. 9. 2004. By the impugned order the District Forum has held that there remains some defects in the construction and, therefore, a sum of Rs. 40,000 by way of compensation, Rs. 5,000 for mental agony and Rs. 1,000 as costs have been awarded. Aggrieved, this appeal has been filed.

2.

THE respondent has filed objection and it has been alleged that there is no error in the order of the District Forum. It may be added that the District Forum has gone to the issue of examining the documents filed and the architect receipt as also his report which proved expenditure of Rs. 40,000.

Mr. Rizwan husband of the complainant has been heard who says that no interference should be made with that direction.

3.

A close look at the discussion entered into by the District Forum indicates that actual receipts have not been examined but general observation of rounding of the alleged expenditure to Rs. 40,000 has been made. Looking to the criticism raised on behalf of the appellant that the aforesaid amount is excessive and not based on actual date, a sum of Rs. 20,000 can be legitimately said to have been spent by the complainant/respondent in making the accommodation habitable. This is what has been ordered in the interim order dated 22. 3. 2005 that a sum of Rs. 20,000 should be deposited by the appellant which has been done.

4.

SINCE Rs. 20,000 lump sum has been deposited, the interest on the said amount shall be paid to the complainant and no further amount needs be paid by the appellant to the complainant. The appeal stands finally disposed of with the aforesaid diretions. Let copy of this order be made available to the parties as per rules. Appeal disposed of.