M/S PADMAJA CONSTRUCTION Vs. P. ANNAPURNA

JUDGEMENT

(1.) There is an application seeking condonation of delay filed by the petitioner. As delay is of only 9 days, same stands condoned.

(2.) Petitioner/Opposite Party being aggrieved by order dated 25.9.2012, passed by Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (for short, 'State Commission') has filed present revision petition.

(3.) Brief facts are that respondents/complainants entered into a development agreement with petitioner on 03.05.2007 to develop and construct residential flats and hand over possession. Petitioner agreed to construct and give flat of 1250 Sq. Ft. in second or third floor within 24 months with a grace period of four months. The petitioner completed the construction in December,2009 and the advance of Rs.2,00,000/- taken from the respondents was also returned on 12.12.2009 but did not handover the property due to which respondents are sustaining loss of Rs.25,000/- per month till date. On that, respondents gave legal notice claiming possession, Rs.5,00,000/- towards loss of rents from October,2008 to May, 2010, Rs. 2,00,000/- towards mental agony. Petitioner gave a reply stating that it was ready to deliver the flat provided respondents paid Rs.61,000/- towards electrical charges and municipal taxes paid by it. Alleging that all this amounts to deficiency in service, respondents claimed possession of the property besides Rs.7,00,000/- towards damages for mental agony with interest at 24% p.a. and costs.