RASIK M SHAH Vs. MANISH D KHATRI

JUDGEMENT

(1.) The petitioner was the complainant before the District Forum, where he had filed a complaint, alleging deficiency in service on the part of the respondent.

(2.) Very briefly the facts of the case are that the petitioner/complainant gave a labour contract to the respondent and paid Rs. 1,00,000, but it is his case that there were defects in the work done and alleged incomplete works as well. It is in these circumstances that a complaint was filed before the District Forum, who after hearing the parties allowed the complaint to the extent that respondent was directed to pay Rs. 30,000 towards refund of excess amount; reimbursement of expenses incurred in rectification/repairing of defects in work and compensation for mental agony suffered by the complainant due to deficiency in services by OP/respondent before us, along with cost of Rs. 1000. Aggrieved by this order, the respondent filed an appeal before the State Commission, who dismissed the appeal in limini, after hearing learned Counsel for the appellant before the State Commission. Now, a revision petition has been filed before us by the petitioner.

(3.) We heard the petitioner in person, who is a senior citizen. The above narrated facts shall reveal that no appeal was filed against the order passed by the District Forum by the petitioner before us, hence as per settled law it will be correct to assume that the petitioner was satisfied with the relief granted by the District Forum. Only the aggrieved party went before the State Commission, who after hearing the appellant, dismissed the complaint. The State Commission, in any case, did not interfere with the orders passed by the District Forum, granting relief to the petitioner. Since he was not the appellant and since it would be assumed that he was satisfied with the relief granted by the District Forum, in our view, the petitioner has no locus to file the revision petition before us, what appears to be for enhancement of compensation, to remove the defects pointed out by the Architect.