MAGRATH PROPERTY DEVELOPER Vs. A.S. VEERANNA

JUDGEMENT

(1.) THIS revision petition has been filed by petitioner against order dated 9.3.2011 passed by State Commission in Appeal No. 1259 of 2010 - M/s. Magrath Property Developers v. A.S. Veeranna, by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/respondent booked flat No. 523 in the project floated by the opposite party/petitioner and total cost of construction was Rs. 50,31,250/ -. On 8.8.2005, complainant paid Rs. 5,35,937/ - and balance amount was agreed to be paid in instalments and opposite party promised to deliver possession within 36 months. Opposite party failed to obtain occupancy certificate and deliver possession though complainant had paid Rs. 74,60,834/ - and still willing to pay remaining amount. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party No. 1 resisted complainant and submitted that complainant purchased six apartments in the said project and had already sold five apartments. Complainant's intention was to get more profit and complainant does not fall within the purview of 'consumer'. It was further stated that complainant was defaulter in making payment of EMI. Occupancy certificate was delivered by B.B.M.P. and was issued on 1.8.2009. It was further submitted that complainant was asked to arrange balance payment and registration charges which he did not pay, hence, there was no deficiency and prayed for dismissal of complaint. Opposite party No. 2 did not appear and was proceeded ex -parte. Learned District Forum after hearing both the parties allowed complaint and directed opposite parties to pay jointly and severally Rs. 8,86,347/ - as interest and further directed to pay compensation of Rs. 1.00 lakh and Rs. 10,000/ - as cost. Appeal filed by opposite party was dismissed by Learned State Commission vide impugned order against which this revision petition has been filed.

(3.) HEARD Learned Counsel for petitioner and perused record.