COSMOS INFRA ENGINEERING INDIA LTD Vs. SAMEER SAKSENA

JUDGEMENT

(1.) Being aggrieved by common order dated 28.5.2012, passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (for short, 'State Commission'), petitioner/opposite party has filed these revision petitions.

(2.) Brief facts are that respondents/complainants booked respective flats in Cosmos Executive Floors, Palam Vihar, Gurgaon. Respondents executed agreement dated 2nd June 2005, with the petitioner. The construction was to be done as per terms, conditions and specification as per agreement. The possession was to be delivered in September, 2006. However, permissive possession was given to the respondents. After taking possession respondents found the changed site plan as against the plan supplied. Moreover, flats were found to be of sub standard material and not according to the specifications. There were several deficiencies and flaws in the flats which caused great harassment, mental agony and financial loss to the respondents. It is alleged that petitioner has adopted unfair trade practice. Accordingly, respondents claimed compensation and damages for harassment, mental agony etc. and penalty for delayed possession.

(3.) Petitioner failed to file any reply before the District Consumer Disputes Reddresal Forum, Gurgaon (for short, 'District Forum'). Accordingly, defence of the petitioner was struck off by the District Forum on 14.9.2009.