Delay in possession delivery constitutes deficiency in service under consumer protection laws.

1. This revision petition filed under S.21(b) of the Consumer Protection Act, 1986 (in short, the 'Act - ) assails the order of the State Consumer Dispute Redressal Commission, Maharashtra, circuit Bench at Aurangabad (in short, 'State Commission - ) in First Appeal No. 625 of 2011 dated 20/02/2015 arising out of order dated 30/06/2010 in complaint No. 263 of 2010 of the District Consumer Disputes Redressal Commission, Aurangabad (in short, 'District Forum').

2. The brief facts of the case as stated by the petitioner are that he booked Flat No. 102, North Avenue, Plot Nos. 27 & 28, N - 5 / J, Cidco, Aurangabad for a sale consideration of Rs.5,90,000 on 06/09/1999 by paying an advance of Rs.5,000 by cheque to the respondent. A further sum of Rs.88,000 was paid by way of 6 installments between 13/09/1999 and 10/02/2000, though cash and a cheque. The balance of Rs.4,90,000 was promised to be paid after availing a housing loan from the bank. Following sanction of a loan by ICICI Bank, a registered Agreement was entered into between the parties on 15/02/2000. The loan amount was disbursed to the respondent by the bank. However, possession was neither delivered by the respondents nor the sale deed registered even after receipt of the full sale consideration. In March 2009 the petitioner settled the loan with ICICI Bank and kept pursuing the respondents for execution of a registered sale deed and possession of the flat. A legal notice was served on 14.12.12009 followed by a consumer complaint No. 263 of 2010 with the District Forum.

3. The District Forum partly allowed the complaint and held that:
In the opinion of this Forum, the present complaint fail on the ground that that the complainant has failed to prove any expert or

4. The petitioner approached the State Commission against this order which dismissed the appeal on the ground of delay holding that:
This Forum has perused the documents filed by the complainant. There has been an agreement between the complainant and the respondents for the flat No. 102 and Rs.5,90,000 were agreed towards consideration . It is seen the amounts of Rs.93,000 and 4,90,000 has paid through cash and bank loan respectively. The complainants have repaid the entire loan of the bank. The complainants have submitted the documents. 10 years have been passed since the respondents have not given the possession, sale deed and completion certificate to the complainants. This shows a deficiency in service. The respondents have fully utilized the amount paid by the complainants in the year 2000 and had not given the possession. The respondents have adopted unfair trade practice in the said case. Hence this Forum orders the respondents to hand over the possession of the flat No. 102, North Avenue, Plot No. 27 and 28, 95 / J Cidco, Survey No. 28 / P Jaswantsinghpura, Aurangabad within 6 weeks from the date of receipt of order and execute the sale deed of the flat. Also, they shall furnish the completion certificate or in case the flat has been sold, repay the amount of Rs.5,90,000 with an interest of 18% p.a. from 01/02/2000. The respondent shall pay Rs.25,000 to the complainants towards compensation for not giving the possession against the amount received. ....
The respondent 1-4 shall pay Rs.2000 towards cost to the complainant within the said period.

5. The respondents filed an appeal against this order before the State Commission. After hearing the parties, the State Commission allowed the appeal as below:
We thus heard both the council and perused the record. It is an admitted fact that on 15/02/2000 complainant entered into registered sa