PER JUSTIC J.M. MALIK Counsel for the parties heard. The complainant Smt. Qudsia Qamar had entered into a common agreement pertaining to G1 & G2 flats together, mentioning sale consideration for both the flats in the sum of Rs. 26,75,000/-. Both the Foras have come to the conclusion that the possession of GI flat was handed over to the petitioner. This is a finding of fact and this Commission cannot interfere with this question. Petitioner’s counsel submits that the petitioner has yet not got the possession. This fact has not been supported by any cogent evidence. The possession of G2 flat is yet to be given to her. However, this is an admitted fact that she has to pay a sum of Rs. 4,50,000/-. This is a common agreement and both the flats cannot be separated. Counsel for the petitioner submits that separate sale deeds have been executed. This is no ground. Common agreement is one and decisions about both the flats are to be taken in one go. Under these circumstances, the foras below have directed the petitioner to pay the amount of Rs. 4,50,000/-, which was due to her for G2 flat. The State Commission has rightly held that the petitioner wanted to sidetrack the issue. The District Forum directed the complainant to pay Rs. 4,50,000/- with interest @ 6% p.a. from 1.6.2009 till the date of deposit and on such deposit, the respondent shall deliver the possession of both the flats including G2. Both the Foras have given the concurrent findings. No question of Law arises. The revision petition is, therefore, dismissed. |
