Appellants were the opposite parties before the State Commission.

          Respondent/complainant’s case is that the appellants had induced him to purchase two showrooms bearing Nos.  3 and 4 on the South West of Ground Floor measuring 565 sq. ft. in the premises bearingM. Nos.5-9-224/1 and 5-9-224/2 situated at Chirag Ali Lane, Abdis, Hyderabad, A.P. along with furniture, fixtures and common

amenities, etc.  Two Agreements were entered into between the parties.  Respondent paid a total consideration of Rs.15 Lacs.  Respondent filed the complaint with the allegation that inspite of paying the entire consideration amount, the appellants failed to comply their part of obligation as agreed upon under the Agreements and execute the Sale Deed inspite of repeated requests made by the respondent.

          On being served, appellants filed their Written Statement denying all the allegations made.  It was stated that the appellants had not induced the respondent to purchase the showrooms; that the respondent had purchased the two showrooms on his own free will.  Receipt of Rs.15 Lacs by way of consideration was admitted.  It was also admitted that the appellants were required to provide furniture, fixtures and common amenities as mentioned in ‘Annexure P-4’ (at page 57 of the paper book).

          The State Commission, during the course of the proceedings, appointed Sh. K. S. V. Chari, Advocate as Local Commissioner to note down the physical features of the showrooms bearing Nos. 3 and 4 on the South West of Ground Floor measuring 565 sq. ft. in the premises bearing M.No.5-9-224/1 and 5-9-224/2.  The Local Commissioner filed his report on 3.8.2004 to which the appellants had filed their objections.  Local Commissioner in his report had found that the appellants had failed to provide the following facilities:

          “There is no furniture and other fittings in both the shops.

Lift was not provided.

Air Conditioner of Hitachi was not provided in the showrooms and common areas and opposite parties undertook to provide the same.

The walls of the showrooms are not covered by Italian marble.

The flooring of the showrooms is done with marble stone.

Front side glass (display window) not fixed and other things fixed.

Not answered.

Wiring done but fittings of switch boards etc. not completed.

Tube lights not fixed.

Spot lights fittings not fixed.

Centralized security system for the whole complex with video cameras and 24 hours recording programme and burglar alarm is not provided.

Exterior walls are of 3” thick RCC drop followed by 4½ thick wall provided.

Tata telephone right now not there but opposite parties agreed to provide.

Ladies and gents toilet provided.

House pantry is provided.

Brass name plates with gold plating not provided.

Tastefully designed counters/window displays not provided.

Locks of showrooms with godrej Locker not provided.”

          The Local Commissioner in his report had further stated that the appellants had agreed to get the AC plant installed in due course.   Keeping in view the evidence led, especially the report of the Local Commissioner, the State Commission allowed the complaint in the following terms:

In the result this complaint is allowed in part directing the opposite parties to provide:

Lift, Air Conditioner of Hitachi in the showrooms and common areas, walls of the showrooms to e covered by Italian marble, display shelves made with water proof plywood & Burma teakwood frames, Fix front side glass (display window), false ceiling of Bypsum board with Pop Cornic,. Fittings of switch boards, provide tube lights ad Spot lights fittings, Provide centralized security system for the whole complex with video cameras and 24 hours recording programme and burglar alarm, Provide tata telephone, Provide Brass name pates with gold plating, Provide tastefully designed counters/window displays and Locks of showrooms with godrej locker and also pay the Complainant damages of Rs.1,00,000/- towards compensation together with costs of Rs.5,000/- within 8 weeks failing which the complainant is at liberty to initiate P.P. proceedings under Section 27 of Consumer Protection Act, 1986.”

          Aggrieved by the order passed by the State Commission, present revision petition has been filed.  Counsel for the appellants states that the appellants, subsequent to the filing of the appeal, have made good the defects pointed out by the State Commission.  Counsel for the respondent is not present despite services.  We are not in a position to record any finding on that. 

Learned counsel for the appellants has confined his submission regarding the compensation granted by the State Commission.  His submission is that the compensation granted is not justified.  We do not agree with this submission for the simple reason that the shops complete in all respects were to be delivered in the year 2000 whereas according to the appellant’s own admission (who is present in the court today), the shops were ready for delivery only in the year 2005 and the complex was inaugurate in the middle of 2007.  The appellant was obliged to compensate the respondent for the delay caused in delivering the completed shops and the respondent has to be duly compensated for the loss suffered by him.  Admittedly, there had been a delay of 5-7 years in completing the shops and providing all the facilities.  In view of this, we are not inclined to reduce the amount of compensation awarded by the State Commission.

          Counsel for the appellants further states that the appellant had deposited a sum of Rs.50,000/- before the State Commission with the liberty to the respondent to withdraw the same.  In case the respondent has not already withdrawn the sum of Rs.50,000/-, the aforesaid amount be released in favour of the respondent along with accrued interest in part satisfaction of the decree.  Appellant undertakes to pay the balance amount within a period of 4 weeks.  In case the amount is not paid, the respondent would be at liberty to execute a decree under section 25/27 of Consumer Protection Act, 1986.

          First appeal stands disposed of in above terms.