G D A Vs. LAXMI NARAYAN TYAGI

JUDGEMENT

(1.) This revision petition arises out of revision petition against the order passed at appellate stage in execution proceedings.

(2.) The brief facts of the case are that the complainant after payment of Rs. 4,90,000/- to the petitioner on 8.8.1993 for a duplex type house in Partap Vihar asked for the possession. Since it was not ready in time, an arrangement was reached between the parties to allot house No. 9/61 in Vaishali Colony. Possession of the newly allotted house was given on 30.7.1994. The complainant immediately brought to the notice of the petitioner several deficiencies, requesting them to remove these deficiencies, since nothing was forthcoming the complainant moved the District Forum asked for several reliefs. The District Forum after hearing both the parties and before passing the order, appointed a Local Commissioner to inspect the house and report the deficiencies with reference to the one's reported by the complainant in his complaint. Local Commissioner reported the cost of repairs to Rs. 78,000/-. The District Forum vide its order dated 13.6.1996, directed the petitioner to pay interest @ 18% on the amount of Rs. 4,90,000/- from 8.2.1993 to 30.7.1994, Rs. 10,000/- as compensation and costs and to remove the deficiencies in the newly allotted house within two months of its orders.

(3.) On the basis of non-compliance of the order, the complainant moved the District Forum for execution of its order. The District Forum after hearing both the parties and on being satisfied that repairs/work relating to removal of deficiencies has not been done, directed the petitioner to pay Rs. 50,000/- by 5.5.1997 to enable the complainant to undertake the work of repairs to the house. On revision filed against the order before the State Commission, it was dismissed with costs of Rs. 2,000/-, hence the revision petition before us.