SAI CONSTRUCTIONS Vs. THAMBALA UPENDER

JUDGEMENT

(1.) This revision petition has been filed by the petitioners M/s. Sri Sai Constructions and anr. against the order dated 23.02.2017 of the State Consumer Disputes Redressal Commission, Telangana, (In short 'the State Commission') passed in FAIA No.92 of 2016.

(2.) Brief facts of the case are that the respondent/complainant had purchased a ground floor flat from the petitioners. The building was approved for ground + two floors whereas the petitioners have made the building of five floors. The municipal authorities gave notice about the illegal construction and asked them to deposit Rs.19,37,909/- for regularisation of the illegal construction as per the policy of the State Government. The complainant filed a consumer complaint alleging deficiency in service on the part of the builder that the petitioner builder has constructed two extra floors against the approved plan and therefore, he is responsible for paying the regularization charges to the municipal authorities. The complaint was decided by the District Forum, wherein the District Forum allowed the complaint and directed the opposite parties to pay the balance penalization amount of Rs.19,37,909/- with other penalty if any to Hyderabad Metropolitan Development Authority for regularization of the Apartment "Koppula Towers". The opposite parties were further directed to allot car parking area to the complainant by giving marking to it. The opposite parties were further directed to pay Rs.5,000/- towards legal expenses to the complainant.

(3.) Aggrieved by the order of the District Forum, the petitioners preferred appeal before the State Commission being FA No.92 of 2016. The State Commission has however, dismissed the appeal vide its order dated 23.02.2017 on the ground of limitation.