BRIJMOHAN GOYAL Vs. VICHARE ENTERPRISE

JUDGEMENT

(1.) Challenge in this Revision Petition, by the Complainant, is to the order dated 15.02.2010 passed by the Gujarat State Consumer Disputes Redressal Commission at Ahmedabad (for short "the State Commission") in one of the Appeals, being First Appeal No. 1377 of 2007. By the impugned order, while partly allowing a bunch of Appeals, preferred by a number of Complainants as well as by the Opposite Party, viz. a Real Estate Developer, the State Commission has deleted the award of compensation @ Rs.1,000/- per month by the Respondent to the Complainant, as awarded by the District Consumer Disputes Redressal Forum at Vadodara (for short "the District Forum") vide its order dated 19.08.2006 in Complaint Case No. 611 of 2001. The State Commission has, however, maintained the direction regarding the award of compensation of Rs.10,000/- and Rs.3,000/-, awarded by the District Forum in favour of the Petitioner/Complainant towards mental agony and legal expenses. The direction by the District Forum to the Complainant to pay to the Respondent a sum of Rs.40,000/-, as monthly maintenance charges, has also been upheld.

(2.) In the first instance, accepting the Complaint filed by the Petitioner as also some other allottees of the flats in Sainath Plaza, Gotri Road, Vadodara, wherein it was alleged by them that despite they having been put in possession of their respective flats allotted to them, neither the sale-deeds in respect of the subject flats were executed nor other basic facilities, including provision of an additional lift, generator, health club etc. had been provided by the Respondent, the District Forum had awarded the afore-noted reliefs to the Complainant. The District Forum had directed the Respondent not to charge from the Complainant monthly charges of Rs.40,000/-, as charges for permanent maintenance had already been paid by the Complainant to the Respondent.

(3.) Despite service of notice for listing of the present Revision Petition before the Circuit Bench, the Respondent remains unrepresented.