ORDER

Petitioner purchased a shop-cum-office site in an open auction on 10.4.2001 for Rs.45,80,000/-. 25% of the auction money was deposited on the spot. Remaining amount was to be paid in 4 equal instalments along with interest. On inspection, the petitioner found that there was a heavy- duty electricity transformer installed at the backside of the allotted SCO. Petitioner requested the respondent to remove the transformer and for delivery of possession. Legal Notice was issued on

20.3.2003. Since no relief was given, the petitioner filed the complaint on 6.2.2006.

Respondent, on being served, filed its written statement. The District Forum allowed the complaint and directed the respondent to treat the date of delivery of possession as on 22.8.2007 and quashed the demand of Rs.12,93,125/- raised by the respondent towards penalty-cum- construction charges, etc. because possession had not been delivered till 22.8.2007. It was ordered that penal interest, if any, could be charged from the respondent after 22.8.2007.

Respondent, being aggrieved, filed the appeal before the State Commission, which has been allowed. State Commission has set aside the order of the District Forum on the groun