VINOD KUMAR KATARIA Vs. ARUFA

JUDGEMENT

(1.) This first appeal has been filed by the appellant, Vinod Kumar Kataria against the order dated 18.4.2017 passed by the State Consumer Disputes Redressal Commission, Delhi (for short, 'State Commission') in Consumer Complaint No. 651 of 2016.

(2.) Brief facts of the case are that appellant/complainant had purchased the first floor of the property bearing No.RZ/F-51/A, Mahavir Enclave, New Delhi on 22.8.2012 from the opposite party and sale deed was executed in his favour. The possession of the flat in question was handed over to the complainant in October 2012. It was alleged that after shifting in the aforesaid premises, the complainant realized that the OP had used inferior quality material in the construction of the flat and noticed major defects. Based on this fact, the complainant filed complaint before the State Commission for refund of the total amount of purchase price amounting to Rs. 25,00,000/- along with Rs. 1,50,000/- as expense of sale deed. The State Commission, however, dismissed the complaint at the admission stage on the ground of limitation and on the ground that other occupants have filed a civil suit for illegal construction and the complainant may also join the same.

(3.) Hence, the present first appeal.