NCDRC

NCDRC

RP/2699/2007

BADRI VISHAL MISHRA - Complainant(s)

Versus

M/S. AADHAR CONSTRUCTION - Opp.Party(s)

MR. BIRENDRA KUMAR MISHRA

17 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2699 OF 2007
 
(Against the Order dated 25/06/2007 in Appeal No. 1387/1999 of the State Commission Maharastra)
1. BADRI VISHAL MISHRA
R/O 1267, ANDHAR NIWAS, FLAT NO.8, DHANKAWADI,
PUNE - 411043
MAHARASHTRA
...........Petitioner(s)
Versus 
1. M/S. AADHAR CONSTRUCTION
8/5B, MANGALWAR PETH,ADHAR RESIDENCY,
PUNE - 411011
MAHARAHSTRA
2. SHRI RAJENDER RAMDAS SHELAR
R/O BALAJI NAGAR,
DHANKAWADI,
PUNE - 411043
3. SHRI HANUMANT SADHU BHADALE
R/O 1267, AADJAR NIWAS,
DHANKAWADI
PUNE - 411043
4. THROUGH PARTNERS :-
SH. RAJENDER RAMDAS SHELAR, R/O BALAJI NAGAR, DHANKAWADI,
PUNE- 411 043
MAHARASHTRA
5. SH. HANUMANT SADU BHADALE,
R/O 1267, AADJAR NIWAS,DHANKAWADI,
PUNE - 411 043
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. BIRENDRA KUMAR MISHRA
For the Respondent :MR. RABINDRA KESHAVRAO ADSURE

Dated : 17 Aug 2011
ORDER

Complainants/petitioners purchased flats from the respondent.  As per allegations made in the complaints, the flats were not completed within time.  On the promise made by the respondent that they would complete the flats within a short time, petitioners paid the entire amount.  Petitioners filed the complaints with the grievance that the flat given to them were defective. 

          District Forum appointed a Local Commissioner for pointing out the defects in the flats.  On the basis of the report given by the Local Commissioner, the District Forum allowed the complaint and directed the respondents to remove the defects in the respective flats.  Rs.1 Lac were awarded by way of compensation and Rs.2,000/- towards costs.

          Respondents being aggrieved filed appeal before the State Commission and gave an Undertaking that they would remove the defects as per directions given by the District Forum.  In view of the Undertaking given by the respondent, the State Commission partly allowed the appeal deleting the direction given by the District Forum to pay compensation of Rs.1 Lac and directed the respondent to remove the defects pointed out by the District Forum.

          Aggrieved against the deletion of Rs.1 Lac towards compensation, the petitioner has filed the present Revision Petition.

          After going through the orders of the fora below and keeping in view the Undertaking given by the respondent that it would remove the defects, discretion exercised by the State Commission in deleting the direction regarding payment of compensation cannot be faulted with.  Dismissed.

The respondent has filed the affidavit stating that it has removed the defects in the flats.  Petitioners have contested the same and state that they have already filed execution applications before the District Forum. 

Dispute as to whether the respondent has removed the defects or not would be decided by the executing court.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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