Respondent/complainant purchased a flat from the petitioner for 10.25 lakh.  After taking the possession, on shifting, the respondent found that there were certain defects in construction.  Respondent produced a report of an engineer pointing out the defects.  District Forum, relying on the report submitted by the respondent’s engineer, allowed the complaint and directed the petitioner to comply with the recommendations made by the expert (Ann.C-4) within one month.  Aggrieved by this, petitioner filed appeal before the State Commission, which has been dismissed by the impugned order.

          I agree with the view taken by the fora below that there were certain defects in the construction.  Fora below have directed the petitioner to remove the defect in construction and to provide the booster pump from ground floor to the overhead tanks on the terrace.  Finding recorded by the fora below that the construction was defective is based on the report of the expert.  Since the finding recorded by the fora below is a finding of fact based on evidence, I am not inclined to interfere with the impugned order regarding the defects in the construction of the building.

There is some substance in the submission of the learned counsel for the petitioner that the fora below could not direct the petitioner to provide booster pump to carry the water from ground floor to the overhead tanks on the terrace but since the amount involved for the same is only Rs.10,000/-, I am not inclined to interfere with the order passed.  The question regarding providing of booster pump to carry the water from ground floor to the overhead tanks is left open.  Order of the State Commission in this regard be not taken as a precedent for future reference.  Dismissed.