R MOHINI NATH Vs. M HEMANTH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 8.7.2011 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Ex. Appln. No. 21 of 2008 in C.D. No. 52 of 2002 Smt. R. Mohini Nath Vs. M. Hemanth Kumar by which, application was closed in view of compliance.

(2.) Brief facts of the case are that complainant/appellant filed complaint before leaned State Commission against OP/respondent and learned State Commission vide order dated 14.5.2004 allowed complaint and directed OP to complete construction of unfinished four flats and deliver possession to the complainant or in the alternate pay Rs. 12 lakhs and further granted compensation of Rs.50,000/-. Appeal No. 245 of 2004 filed by OP before this Commission was decided by order dated 30.6.2009 and it was observed that as there has been a substantial compliance of the order passed by the learned State Commission, the appeal has become infructuous and is liable to be disposed of. It was further observed that if in the reckoning of the respondent, order has not been complied with, it would be for the executing forum to decide question by making appropriate directions. Before aforesaid order, complainant filed execution application before learned State Commission and prayed to impose fine or sentence of imprisonment on the respondent. Learned State Commission vide order dated 31.3.2010 dismissed petition. Complainant filed Appeal No. 206 of 2010 before this Commission and this Commission by order dated 8.12.2010 set aside order of learned State Commission and matter was remanded back to the learned State Commission to decide execution application after taking into consideration evidence adduced on behalf of the parties and any further evidence. Learned State Commission vide impugned order dismissed application against which, this appeal has been filed.

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