SHIVA SHAKTI BUILDERS Vs. SHIVAS PALACE PHASE-I FLAT OWNERS ASSOCIATION
LAWS(APCDRC)-2008-8-3
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 12,2008

SHIVA SHAKTI BUILDERS Appellant
VERSUS
Shivas Palace Phase -I Flat Owners Association Respondents

JUDGEMENT

- (1.) THIS revision petition is preferred by the opposite party against the order of the District Forum -III, Hyderabad in appointing an Advocate Commissioner to note down the physical features with the assistance of Civil Engineer.
(2.) THE complainant filed a complaint against the builder alleging that they raised a wall dividing common parking area into two parts and constructed independent house illegally in part of the parking area besides pent house over the terrace a common area to be utilized by all of them and made constructions in cellar portion without obtaining permission from MCH. Since the revision petitioner/opposite party was disputing these deviations an Advocate Commissioner could be appointed to note down the physical features and submit his report.
(3.) THE revision petitioner/builder denied the allegations. Earlier similar petition for appointment of Advocate Commissioner was filed and the same was dismissed. Therefore, this application is not maintainable. The advocate who was appointed as Commissioner is not an expert to find out the deficiencies alleged by the complainant. The District Forum after considering the facts and in view of contentions appointed an Advocate Commissioner to know whether there is any existence of wall or not, whether there is pent house and whether the cellar is occupied etc. At any rate an expert is also assisting the Advocate Commissioner to note down the physical features.;


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