JYOTIBEN RAJNIKANT HALANI Vs. GORDHANBHAI

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners/complainants against the order dated 16.01.2013 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, 'the State Commission ') in Appeal No. 3663/2012 - Smt. Jyotiben Rajnikant Halani & Anr. Vs. Shri Gordhanbhai Ramjibhai Pipalva by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) BRIEF facts of the case are that complainants/petitioners purchased house from the OP/respondent constructed on sub plot No. 25/B -1 by registered Sale Deed dated 25.3.2010. At the time of purchase of house, OP told to the complainant that construction of the house is of good quality, whereas construction was of poor quality and there were various types of defects in the constructed house. It was further alleged that inferior material was used. OP has committed deficiency in service in selling house of inferior quality. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that there is no relationship between the complainant -OP that of consumer -trader. It was further stated that there were no defects in the house and inferior material was not used and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Petitioner filed appeal before the learned State Commission, which was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that respondent was a builder and sold house of inferior construction and thus, committed deficiency in service; even then, learned District Forum committed error in dismissing complaint and learned State Commission committed error in dismissing appeal; hence, revision petition be admitted.