DATTA VISHWANATH SHETE Vs. PRABHA P SHETTYR

JUDGEMENT

(1.) 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 parties entered into an agreement for construction of a flat on 22.12.1991 and for development of the said property. As per terms of the agreement, the total cost of the flat was Rs. 6,00,000 of which Rs. 1,66,000 already stood paid and the balance of Rs. 4,34,000 was to be payable in instalments starting with August 1998 to December 1998. It was the case of the complainant that he had made the payment in time and there was delay in delivery of possession. There were also defects in the complainant's building. The respondent has also not given the promised rebate of 3% as also the issue relating to maintenance charges. Since issue was not getting settled, a complaint was filed before the District Forum, who allowed the complaint in following terms:

(3.) Aggrieved by this order, the respondent/opposite party filed an appeal before the State Commission, who after hearing the parties partly allowed the complaint and passed the order in following terms: