AJAY ENTERPRISES LTD Vs. KAMLESH AGGARWAL

JUDGEMENT

(1.) REVISION Petition No. 534/95 is filed against the order dated 3.5.1995 passed by the State Consumer Disputes Redressal Commission, Delhi in Case No. A-42/94. The Complainant, Opposite Party No. 1 and Opposite Party No. 2 (D.E.S.U.) are respectively the Respondent No. 1, the Revision Petitioner and the Respondent No. 2 before us.

(2.) FACTS of the case are that the Complainant-Respondent entered into an agreement with O.P. No. 1 for purchase of office space in a commercial complex by paying an amount of Rs. 94,940/-. While possession of the premises was given on 23.10.1992, the premises did not have the necessary amenities like electric connection, water supply and sewerage facilities. The Complainant therefore instituted a complaint before the District Forum claiming damages of Rs. 2,000/- per month besides interest at 24% per annum on the amount invested by her from the date she was delivered possession till the amenities were provided, Rs. 10,000/- as compensation on account of mental pain and agony and other loss suffered by her as the premises was required to be used as an office by her husband, an Advocate by profession.

(3.) AGGRIEVED by this order of the State Commission, the present Revision Petition has been filed by O.P. No. 1. We have gone through the records carefully and heard the counsel. On a request from counsel for Respondent No.2, we had directed that this party be deleted from the party array, as electricity connection has already been released. The Revision Petitioner had applied for water and sewerage connection which was replied to on 7.3.1992 by the concerned authority. Through this letter, the authorities while acknowledging that the Revision Petitioner has deposited the restoration charges, have granted the water and sewerage connection subject to certain conditions, one of which reads as under: