GTM BUILDERS Vs. COL V K PANT

JUDGEMENT

(1.) The present Appeal has been filed against the order dated 3.6.2019, passed by the State Consumer Disputes Redressal Commission, Uttrakhand at Dehradun (hereinafter referred to as "the State Commission"), whereby the Complaint preferred by the Respondent herein has been allowed ex parte against the present Appellants who had been impleaded as Opposite Parties, by directing the Appellants herein to hand-over possession of Flat No.302 (FH-02), GTM Forest & Hills, Dehradun to the Complainant/Respondent within a period of one month from the date of order and execute the necessary documentation in that regard in Complainant's favour. It was further directed to pay Rs. 14,86,820/- (Rupees fourteen lacs eighty six thousand eight hundred twenty only) to the Complainant/Respondent for carrying out the remaining work in the subject flat; Rs. 5,00,000/- (Rupees five lacs only) as compensation on account of delayed possession as well as hardship undergone by the Complainant and Rs. 20,000/- (Rupees twenty thousand only) towards litigation expenses.

(2.) From the perusal of the impugned order, we find that the Appellants herein had put in appearance before the State Commission upon being served with the notice of the Consumer Complaint but in spite of having been granted sufficient opportunity, did not file any written statement and subsequently, did not appear before the State Commission. For ready reference paragraphs 3 and 5 of the impugned order are reproduced hereinbelow :

(3.) It appears that the flat was not fully constructed and was not complete in all respects and therefore, the Complainant/Respondent got the flat inspected by Engineer Er. K.A. Khan, B.Tech Civil (A.M.U.) and also filed an affidavit that a sum of Rs. 15,00,000/- is required to be spent for completing the work of the flat. For ready reference para-8 of the impugned order is reproduced below :