Petitioner Housing Board allotted flat No. F12/36 to the respondent on 28.1.1995.  Possession was given to the respondent on 08.9.2000.  Respondent filed the complaint before the District Forum alleging that there were latent and patent defects in the construction of the building and the respondent should be asked to repair the same.

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          District Forum relying upon Clause 13 of the Agreement, which reads as under:

          “It shall be strictly understood that the Board offers to sell the flat/property together with the buildings/flat situated thereon in the condition of this agreement that the party of the second part agrees to buy the property described in the schedule hereto with the full and definite knowledge of the nature and condition of the property and of the buildings thereon and also of the accommodation and amenities provided therein.  The Board shall not be responsible for any defect in construction of the building, structural or otherwise discovered subsequent to the execution of this indenture and rectification of any defect if any shall be the sole responsibility of the party of the second part and he shall not e entitled to claim any compensation on this account against the Board.”

held that having accepted the possession of the building, the respondent was not entitled to any compensation for any defect in the construction of the building.         Respondent being aggrieved filed an appeal before the State Commission which has reversed the order of

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the District Forum and remanded the case to the District Forum for a fresh decision in accordance with law. 

          This Commission has consistently held that for the Patent Defects, the complainant having accepted the possession cannot lodge a complaint, but in case there are Latent Defects the complaint would be maintainable.  The said question has not been decided so far by the District Forum.  The State Commission is right in remanding the case to the District Forum to consider the complaint afresh.      

          The District Forum is now directed to dispose of the complaint in accordance with law in the light of evidence led by the parties without being influenced by any of the observations made by the State Commission in its order.

            Revision petition is disposed of.