PABLO BARTHOLOMEW Vs. TRILOK NATH MAKKAR

JUDGEMENT

(1.) THIS is an appeal against the order of 24th August, 1992 passed by the State Commission of Delhi in Complaint Case No. 17/91. The order of the State Commission is quite elaborate. In this order the State Commission came to the finding that, keeping in view the disputes between the parties about the facts of the case, it would be necessary that the parties and their witnesses should be cross-examined and that a Commission should be appointed to find out whether the defects in construction of the building were got removed by the complainant and at what costs. In view of this the State Commission felt that it would not be possible to arrive at a just conclusion without an elaborate trial by a Civil Court. This was not possible in summary proceedings before the Consumer Forum. The State Commission, therefore, directed that the complainant should file a suit in a Civil Court and establish his claims there.

(2.) FOR disposal of the appeal the relevant facts are that there was an agreement to sell a flat (first floor) Property No. 97, Kailash Hills, East of Kailash, New Delhi for a total consideration of Rs. 13.5 lakhs. This agreement is not dated but it appears from the payments that this must have been executed on or after 30th March, 1989.

(3.) OUT of these, a sum of Rs. 6 lakhs was paid by cash (Rs. 3 lakhs on 14.2.1989 and Rs. 3 lakhs on 30th March, 1990). The balance amount of Rs. 4.35 lakhs was paid by cheques.