SECRETARY, KERALA STATE HOUSING BOARD vs K N P Kurup

THIS revision petition has been filed by the petitioner against the order dated 28.11.08 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, ''the State Commission'') in Appeal No. 1076 of 2004 The Secretary, Kerala State Housing Board, Thiruvananthapuram Vs. K.N.P. Kurup by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

BRIEF facts of the case are that complainant/respondent being Journalist was allotted plot No. 21 by OP/petitioner under "Kadappakada working Journalist Housing Scheme". Agreement dated 23.6.1985 was executed between the parties and under the supervision of OP, complainant carried out construction. Complainant constructed house after spending Rs.3,00,000/ -, but gradually cracks began on the floor and the walls and house became dangerous for habitation. It was further submitted that OP suppressed that land is low lying. Alleging deficiency on the part of OP complainant filed complaint before District Forum. OP resisted complaint and submitted that plot was given to the complainant as per his choice. Agreement for sale of property did not provide for type of quality and construction. It was further submitted that complainant constructed double -storied house without approval of plan and against the norms. Complainant has not taken any technical expert advice from the OP. It was further submitted that construction of additional floor, change of roof from flat type to slopy, improper technology contributed to damages to house. It was further submitted that complaint was barred by limitation and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.1,50,000/ - as compensation with 9% p.a. interest and further allowed Rs.10,000/ - as cost of complaint. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

HEARD learned Counsel for the parties finally at admission stage and perused record. Learned Counsel for the petitioner submitted that inspite of objection regarding time barred complaint in the written statement, learned District Forum without discussing this aspect committed error in allowing complaint and learned State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that after observing damages in the constructed house, complaint was filed within prescribed period which was within limitation and order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

IT is not disputed that agreement for purchase of disputed plot was executed on 23.6.1985 and complaint was filed on 11.11.2002. As per letter dated 5.11.1988 and 20.12.1988 written by OP to the complainant, complainant started construction of the house without approved plan. Thus, it becomes clear that apparently construction was completed in the year 1988 -89, but the complaint has been filed in the year 2002 on the basis of unsuitable land for construction. Apparently, complaint may be barred by limitation and neither District Forum nor State Commission has considered objection raised by OP in its written statement.

UNLESS complaint is treated in limitation, learned District Forum could not have allowed complaint and learned State Commission could not have dismissed appeal. In such circumstances, matter is to be remanded back to District Forum for deciding objection of OP regarding time barred complaint.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and impugned order dated 28.11.08 passed by the Kerala State Commission in Appeal No. 1076 of 2004 The Secretary, Kerala State Housing Board, Thiruvananthapuram Vs. K.N.P. Kurup and order of District forum dated 29.10.2004 passed in O.P. No. 376/2002 K.N.P. Kurup Vs. The Secretary, Kerala State Housing Board, Thiruvananthapuram and Anr. is set aside and matter is remanded back to District Forum to decide objection regarding limitation taken by OP and decide complaint afresh after giving an opportunity of being heard to the parties.

PARTIES are directed to appear before District Forum on 23.03.2015.