MOHAMMAD ABRARCOMPLAINANT Vs. ASHOK DESAI

JUDGEMENT

(1.) This review application is filed by the D.L.F. Ltd., opposite party, contending that there is apparent inconsistency in the order dated 11.4.2005 passed by this Commission in Original Petition No. 18/2003.

(2.) Before dealing with the review petition, we would point out that the complaint was filed by the consumer, a purchaser of the flat, who had paid Rs. 61 lakh in 1999 being the entire amount payable for purchase of the flat. The possession of the flat was not delivered to the complainant on one ground or other. Hence, during the pendency of the complaint before this Commission, by an interim order dated 30.5.2004, we directed the builder to deliver the possession of the flat. The relevant part thereof is as under:

(3.) That order was challenged before the Apex Court in an S.L.P. but the same was dismissed. Thereafter, possession of the flat was delivered to the complainant in the month of July, 2004.