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Judgment
THE appellant is the opposite party in C.D. No. 291/92. THE short question that arises for consideration in this appeal is : Whether the amount of Rs. 4,620/- was paid specifically for the purpose of fixing the mosquito mesh for all the windows in the flat purchased by the complainant.
IN the complaint, it was stated that the complainant purchased the flat from the opposite party. For additional work, some cost was estimated at Rs. 12,850/- , for which, she paid. The amount of Rs. 4,620/- was specifically paid towards the fixing of the mosquito mesh for all the windows. Since no mosquito mesh was fixed, the complaint was filed for refund of the amount of Rs. 4,620/- with interest. The District Forum directed the refund with interest at 13% per annum from 25.3.1991 and Rs. 200/- towards costs. It is submitted by the Counsel for the appellant, Mr. M.R. Harsha, that the builder has made some other extra constructions also, which have come to Rs. 16,803/- and that the complainant is liable to pay Rs. 5,583/- . But we are not concerned in this case about the total expenditure incurred by the builder and the liability of the allottee of the flat to pay the balance of the amount.
Since the complaint specifically relates to fixing of mosquito mesh, for which, the complainant paid Rs. 4,620/- . Since it is not in dispute that the mosquito mesh was not fixed and instead of directing the refund of the amount, we feel it is appropriate to direct the appellant to fix the mosquito mesh to all the windows within a period of three (3) weeks from today.
WITH regard to the claim of the appellant that some amount is due from the respondent, it is open to him to take appropriate proceedings for recovery of the amount, if any. In the result, the direction of the District Forum to refund the amount is set aside and in its place a direction is issued to the appellant herein to fix the mosquito mesh to all the windows within a period of three (3) weeks from today. There shall be no order as to costs.
BY way of interim order dated 26.12.1992, the appellant was directed to deposit a sum of Rs. 2,400/- and entire costs and the respondent was permitted to withdraw the costs. Since we directed the appellant to fix the wire mesh for all the windows, the deposited amount of Rs. 2,400/- by him shall be refunded to the appellant by the District Forum. Appeal disposed of.