CHANCHALA THEJOMAYA Vs. SHEIKH MOHAMMED HANEEF AND ORS.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 21.10.2011 passed by State Commission in Appeal No. 3828/2010- Mrs. Chanchala Thejomaya Vs. Sheikh Mohammed Haneef & Ors.; by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant Nos. 1 to 4/respondent Nos. 1 to 4 are owners of Apartment known as Sukhsagar and complainant No. 5/respondent No. 5 is Apartment Owners Association. It was further alleged that at the time of entering into contract, opposite party/petitioner being promoters and builders, promised to provide two lifts, municipal water supply with underground sump and arrangement for lifting water to the overhead tank, electrical panel, one D.G. set room, car parking slot etc. It was further submitted that in spite of repeated requests, opposite party has not provided all the facilities. Alleging deficiency on the part of opposite party, complainant Nos. 1 to 4 filed complaint before District Forum. Complainant No. 5 was impleaded later on. Opposite party resisted complaint and submitted that complainant Nos. 1 to 4 have already filed civil suit and President of complainant No. 5, has also filed civil suit. It was further submitted that complainants have not paid entire value of the flat and opposite party is ready to provide basic facilities and amenities subject to payment of full consideration of the flats and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to pay Rs. 6,61,958/- alongwith 10% p.a. interest to complainant No. 5 and Rs. 25,000/- to each complainant Nos. 1 to 4 towards compensation alongwith Rs. 5,000/- 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 the parties and perused record.