INDO SALES AGENCY Vs. SABRI ENTERPRISES & ANR

JUDGEMENT

(1.) This appeal has been filed by the appellant against order dated 26.7.2010 passed by State Commission in Complaint No. 174 of 2007 @Misc. Application No. 1962/2007- M/s. Indo Sales Agency Vs. Sabri Enterprises & Anr.; by which while dismissing application for condonation of delay, complaint was rejected.

(2.) Brief facts of the case are that complainant/appellant entered into agreement with opposite party/ respondent for development of property and as per terms & conditions of the agreement, opposite party was to hand over possession of premises to the complainant within 15 months from obtaining IOD from competent authority and also agreed to pay Rs. 81,484/- per month for delay in handing over possession. Opposite party obtained IOD on 19.6.2002 and opposite party was to hand over possession on or before October 2003. Opposite party obtained commencement certificate on 28.8.2002. It was further submitted that opposite party handed over part possession of premises of around 92.5 sq.mtrs. on 1.1.2005 and as such provided lesser area of about 29.4 sq. mtrs. It was further submitted that complainant came to know that opposite party obtained occupation certificate on 15.4.2005 though completion certificate has not been obtained by opposite party. Opposite party has also not paid liquidated damages. Alleging deficiency on the part of opposite party, complainant filed complaint before State Commission alongwith application for condonation of delay. Opposite party filed reply to application for condonation of delay. Learned State Commission after hearing both the parties dismissed application for condonation of delay and, in turn, rejected complaint against which this appeal has been filed.

(3.) Heard Learned Counsel for the parties and perused record.