LAWS(NCD)-2015-7-17

RAMKISHORE BALDAWA Vs. R. SUDHAKAR RAO AND ORS.

Decided On July 06, 2015
Ramkishore Baldawa Appellant
V/S
R. Sudhakar Rao And Ors. Respondents

JUDGEMENT

(1.) THIS appeal has been filed by appellant against order dated 17.12.2012 passed by State Commission in Complaint No. 119 of 2010 -

(2.) DURING the course of proceedings, complainant No. 2 was impleaded as complainant vide order dated 15.11.2011. Opposite party filed application that complaint was time barred which was dismissed by Learned State Commission against which revision petition filed by opposite party was dismissed as becoming infructuous vide order dated 5.2.2013 as Learned State Commission had finally decided complaint.

(3.) LEARNED Counsel for appellant submitted that complaint filed by complainant No. 1 was not maintainable and after impleading complainant No. 2 as a party, complaint was barred by limitation, even then, Learned State committed error in allowing complaint. It was, further, argued that in spite of claiming Rs. 10.00 lakhs for unfinished work, State Commission allowed Rs. 13,30,608/ - without any clause in the Sale Deed, hence, appeal be allowed and impugned order be set aside. On the other hand, Learned Counsel for respondent submitted that Learned State Commission rightly allowed complaint as per clause in Agreement to Sale and as complainant No. 1 was also 'consumer', hence, appeal be dismissed.