MATHEWS V JAMES Vs. RAKESH BUILDERS DEVELOPERS

JUDGEMENT

(1.) The present revision has been filed by the complainant challenging the order of the State Commission in appeal No. 3861/2010 filed by the respondent challenging the order of the District Forum dated 7.8.2010 in complaint No.2967/2009 of the petitioner.

(2.) The brief facts of the case are that the respondent is a builder and developer and has entered into an agreement of sale and construction on 25.4.2006 with the petitioner whereby the petitioner was sold flat No.102, Tulip Block Rakesh Fantasy Garden Apartments, 2nd Main BDA Road, Kasturi Nagar Indiranagar, Bangalore. Flat was consisting of three bedrooms and double car parking space alongwtih proportionate share in common areas in the multistoried building known as Rakesh Fantasy Garden. The due date of handing over of the possession was 30th October, 2006 and on default the penalty of Rs.2,000/- per month payable by the respondent. The possession was given after much delay in the year 2008 to the petitioner and the petitioner filed the complaint in the year 2009 raising certain deficiencies on the part of the respondent. The claim was contested by the respondent on several counts. The parties led their evidences and on the basis of evidences of the parties and after hearing the arguments of the parties the District Forum passed the following order: -

(3.) This order was impugned by the respondent before the State Commission. The State Commission after rehearing the matter and perusing the evidences on record modified the order of the District Forum on a limited point. The State Commission issued the following directions: -