IMPORTANT POINT
Onus is on Builder to prove that complainant had failed to make payment despite various stages of construction having been completed by them.

V.K. Jain, Presiding Member—The complainant/petitioner no. 1 alongwith his father late Captain Surinder Kumar Paul booked an apartment measuring 1394 sq. feet with Reliant Infrastructure Pvt. Ltd. making an initial payment of Rs. 1 lac. The total consideration for the aforesaid flat was agreed between the parties at Rs. 29,32,976/- in addition to the cost of parking, club membership fees and power backup charges. The father of the complainant no. 1 having died on 23.06.2009, his name in the agreement was substituted by the name of complainant/petitioner no. 2 Mrs. Rajneesh Kaur Paul who is wife of complainant no. 1 Mr. Shanat Paul and a fresh agreement dated 23.09.2009 was executed. Even in the subsequent agreement, the date stipulated for handing over the possession to the buyers was maintained as December 2008. The case of the complainants is that the opposite party/respondent did not complete the construction in time though 90% payment had been made by them by January 2009. The complainants took possession of the flat in question from the opposite party on 28.03.2011, after making payment of the balance amount and other charges as demanded by the said opposite party. According to the complainants, on taking possession of the said flat it was found that it was not habitable since there were several deficiencies such as no door video phone and Wi-Fi facility. It was also found by them that the quality of modular kitchen was cheap and 3-4 tiles installed in the drawing/dining area had cracked. Certain other deficiencies in the flat were also found by them. The agreement between the parties obligated the opposite party to pay Rs. 5 per sq. feet per month as compensation for the delay in handing over the possession of the flat. Alleging deficiency on the part of the opposite party in rendering services and failure to pay compensation for the delayed possession, the complainant approached the concerned District Forum by way of a complaint seeking payment of compensation @ Rs. 5 per sq. feet per month for two years alongwith Rs. 2 lacs as compensation for the deficiency in service and Rs. 33,000/- as the cost of litigation.

2. The complaint was resisted by the respondent/opposite party. It was stated in the reply that the possession was to be handed over to the complainant only after receiving 100% payment, but the complainant had failed to make the entire payment. It was also stated in the reply that there was a typographical error in the second agreement and infact, the date of handing over of the possession agreed between the parties was December 2010. It was further stated in the reply that the complainant delayed taking possession of the flat on the ground that final coat of paint had not been applied. As regards video phone, it was stated in the reply that it was to be installed after the complainant had shifted in the flat. The opposite party also denied the other deficiencies alleged in the complaint. As regards club house, it was stated that it was under construction and till its completion, the facility of club house was being provided from Flat No. D1-02 which had been taken on rent.

3. Vide its order dated 25.09.2014, the concerned District Forum dismissed the complaint primarily on the ground that all the defects pointed out in the complaint had been rectified by the opposite party. Reliance in this regard was placed upon the Project Engineer of the respondent Mr. Sonal Soni.

4. Being aggrieved from the above said order passed by the District Forum in the present case, the petitioner/complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 24.11.2014, the State Commission dismissed the appeal filed by the petitioner. Being aggrieved, the petitioner/complainant is before us by way of this revision petition.

5. The first question which arises for our consideration in this case is as to whether possession was to be delivered to the complainant by December 2008 or by Dec