SDB INFRASTRUCTURE PVT. LTD. (FORMERLY SOM DATT BUILDERS PVT. LIMITED) 56 Vs. LOKESH KUMAR S/O SHRI RISHIPAL, R/O HOUSE NO. 1699, TYPE

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission, Punjab dated 15.09.2015 in First Appeal No.1258/2012 as also in cross Appeal No.1319/2012 whereby the State Commission dismissed both the appeals and affirmed the order of the District Forum.

(2.) Briefly stated facts giving rise to this revision petition are that the respondent/complainant filed a Consumer Complaint No.167 of 2012 in the District Forum, SAS Nagar, Mohali with the allegation that he had entered into a Builder Buyer Agreement with the petition-Developer pursuant to which the developer delivered possession of the flat but quality of the construction in the flat was below standard. The said consumer complaint was contested. The petitioner/OP denied the allegation. During the pendency of the complaint, builder without prejudice to his right, in order to resolve the dispute, the OP rectified the defects pointed by the complainant. The District Forum, on consideration of evidence and the fact that during the pendency of the complaint the grievance of the complainant was resolved, concluded that there is no need to direct the petitioner/OP to rectify the defects. The District Forum however awarded compensation of Rs.3 Lakhs for harassment and mental agony and Rs.10,000.00 as cost of litigation to the complainant.

(3.) Petitioner/OP being aggrieved of the order of the District Forum dated 04.09.2012 preferred an appeal no.1319 of 2012 before the State Commission, Punjab. The complainant also filed an appeal no.1258 of 2012 seeking enhancement of the compensation. The State Commission after hearing the parties did not find any merit in either of the appeals and the same were dismissed. This has led to filing of this revision petition by the petitioner/OP.