Mr. Justice S.S. Chadha, Member—This first appeal is directed against the order dated 19.4.1994 of the Delhi State Commission, dismissing the complaint in limini following its earlier decision in Lt, Col. B.L. Gupta v. M.D., A.W.H.O., III (1992) CPJ 70, holding that the State Commission has no jurisdiction to entertain the complaint against Army Welfare Housing Organisation.

2. The case of the complainant is that he is a member and allottee of a flat constructed by the Army Welfare Housing Organisation (for short called AWHO) which is registered under the Societies Registration Act, 1860, which acquire land, develops it and construct houses/flats for allotment to its members. The member allottees of houses/ flats fully pay for the services rendered by the Army Welfare Housing Organisation. According to the complaint, the flat allotted to the complainant had a major structural defects in the form of through crack in the roof slab which is getting widened and extended to the walls of the flat with the passage of time. Since the defect is structural in nature numerous attempts by Army Welfare Housing Organisation to repair the same by surface repairs have failed to remove the defe