N L DESHMUKH Vs. D M MUKHERJEE

JUDGEMENT

(1.) The petitioner is engaged in construction of buildings. The respondent and 14 other persons were the owners of the land area at No. 12, Saurabh Colony, Amravati. The petitioner was engaged by the co-owners of the plot of land to construct three buildings thereon. Each building was to have six apartments. On or about 2.9.1989 the petitioner entered into individual agreements with each of the co-owners and the deed of declaration under the Maharashtra Ownership Act was registered on 7.5.1990. The flats were completed and handed over to the respondents on 17.8 1990. On 11.7 1994, i.e. 4 years after taking the possession of the premises, the respondent filed complaints before the District Consumer Disputes Redressal Commission, Amravati, making various allegations about the construction of the flats against the petitioner.

(2.) The petitioner, as a counter blast, filed Special Civil Suit No. 319 of 1994, against the respondents which is pending before the II-Joint Civil Judge, Amravati.

(3.) The District Forum did not go into the controversy on the ground that a detailed investigation of facts would be necessary. On appeal, the State Commission held that the District Forum was in error in not deciding the controversy raised before it. It appointed two Architects, namely, Shri Kolte and Shri Belekar as Commissioners and directed them to file reports after visiting the site. On 2nd March, 1999 both the Architects submitted their reports. Relying upon the report of Shri Belekar and without any reference to the report of Shri Kolte, the State Commission allowed the appeal preferred by the respondents. A revision petition was filed by the petitioner before this National Consumer Disputes Redressal Commission, which by order dated 27.10.1999, the order of the State Commission was set aside on the ground that it had failed to take notice of Shri Kolte's report at all and the matter was remanded back to the State Commission to decide the case afresh after taking into consideration Shri Kolte's report.