INDIANA AUDIO EQUIPMENT Vs. RAJ WADHAWAN

JUDGEMENT

(1.) Appellants which were Opposite Party Nos. 1 and 3 before the State Commission have filed this Appeal against the judgment and order dated 10.11.2006 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Complaint No. 301/1998 wherein the State Commission partly allowing the complaint filed by the Respondent Nos. 1 and 2 has directed the Appellants to pay a lump sum compensation of Rs. 50,000 to the Respondents/Complainants besides Rs. 10,000 towards costs of litigation. Appellant No. 1/OP No. 1 was also directed to hand over the possession of the servant quarter to the Respondents/Complainants subject to payment of Rs. 75,000.

(2.) Subsequently, Appellant entered into two different agreements to Sell on 5.10.94 with the Complainants/Respondents, husband and wife (hereinafter to be referred to as the "Respondents") in respect of flat No. D-34, First Floor, Jangpura Extension, New Delhi. Respondents paid a sum of Rs. 14,50,000 to the Appellant out of total consideration of Rs. 16,00,000. Possession of the flat was handed over to the Respondents on 30.10.1994.

(3.) As per averments made in the complaint, there were certain defects in the construction of the flat; the interior fixtures and fittings were of sub-standard quality; registered sale deed was not executed and the possession of the servant quarter was not handed over as promised by the Appellant. Complainants, being aggrieved, filed the complaint before the National Commission which was transferred to the State Commission for want of pecuniary jurisdiction. Complainants filed the amended complaint before the State Commission.