Per Smt.S.P.Lale, Hon’ble Member This appeal is directed against the order dated 29/4/2009 passed in consumer complaint no.47/2002 by Additional District Consumer Disputes Redressal Forum, Pune, whereby forum below directed O.P. to pay an amount of `20,000/- to the complainant towards compensation for the deficiencies observed by the Forum below, within six weeks from the date of receipt of order. Being aggrieved by the said order original O.P. has filed the present appeal. Complainant purchased flat in the year 2000 and accordingly registered Agreement for sale was executed on 21/3/2000. After taking possession of the flat complainant noticed defects in the construction of flat. Therefore, complainant filed consumer complaint in the year 2002 before the forum below. According to complainant, due to defects in the construction complainant suffered inconvenience. There was no separate electric meter provided and no proper water supply was provided to the complainant. Complainant was required to pay electricity bill and water bill at commercial rate. Necessary maintenance activity like cleaning of the lift duct, appointing and paying for a building watchman, common parking maintenance were not carried by the O.P. since handing over possession of the flat to the complainant. After hearing both the sides Ld. District Consumer Disputes Redressal Forum dismissed the complaint on 15/3/2008 on the ground that the flat is sold by the complainant in the year 2006. Forum below has not considered the consumer complaint on merits. Being dissatisfied by the said dismissal order, complainant preferred an appeal before this State Commission on 06/5/2008. State Commission vide its order dated 23/01/2009 quashed and set aside dismissal order and remanded back the matter for consideration afresh. After remand forum below after hearing both the parties partly allowed the complaint on 29/4/2009 and directed O.P. to pay `20,000/- as compensation to the complainant. Original O.P. has taken exception to the order dated 29/4/2009 and filed the present appeal bearing no.895/2009 before this Commission. Heard Ms.Neelima Gohad-Advocate for the appellant and Mr.Sarang Rajput-Advocate for the respondent. Grievance of the complainant in respect of electricity is that O.P. has not procured a separate electricity meter to all individual complainants immediately after taking possession of flat. According to O.P., MSEB was not willing to give separate transformer for its technical problem. However, after constant persuasion with MSEB, O.P. provided separate meter to individual occupiers of the flats. O.P. also contended that they have provided potable water till BMC provided tap water. Therefore, these two grievances have already been satisfied by the O.P. Other grievance of the complainant in respect of construction that it was not upto the mark as within one year of construction of the building she suffered leakage problem, paint of the walls developed cracks, lift was not functioning, providing parking place, etc. for which complainant had suffered mental agony, however, in respect of above defects in the construction, complainant has failed to produce any evidence to substantiate her allegation. No expert opinion is produced by the complainant in respect of defects in the construction. Therefore, order passed by the forum below is erroneous and bad in law. By allowing this appeal we are inclined to dismiss the complaint and quash the order dated 29/4/2009 passed by the forum below. In the result, we pass following order:- ORDER 1. Appeal is allowed. 2. Impugned order dated 29/4/2009 is quashed and set aside. Consumer complaint no.47/2002 stands dismissed. 3. No order as to costs. 4. Copies of the order be furnished to the parties. | 
