K.S. Chaudhari, Presiding Member—This revision petition has been filed by the petitioner against the order dated 26.11.2009 passed by the learned H.P. State Consumer Disputes Redressal Commission, Shimla (in short, ‘the State Commission’) in Appeal No. 141 of 2007 – H.P. Housing Board Vs. Shri Arun Kapil by which while dismissing appeal, order of District forum allowing complaint was upheld.

2. Brief facts of the case are that complainant/respondent applied for MIG house on hire purchase basis and deposited Rs.8,000/- as earnest money. OP/petitioner allotted House No. 75 for a consideration of Rs.6,82,000/- . Inspite of repeated letters, defects were not removed in the house and near the house, but OP asked complainant to deposit 10% of cost of house and to execute hire purchase tenancy agreement. Complainant informed that 10% cost of house cannot be deposited till rest defects are removed. It was further alleged that OP vide letter dated 7.12.2001 informed complainant that defects cannot be removed and protection wall cannot be made on account of stay order by the Court. Complainant got prepared estimate for erection of protection wall and in completing that work incurred cost