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Judgment
PETITION under Section 15 of the Consumers Protection Act 1986 praying that in the circumstances stated in the memorandum of grounds filed herein against the order dated 6.1.93 in I.A.252/92 in C.D. 349/92 on the file of the District Forum, Krishna district at Machilipatnam.
THIS case coming on for hearing upon perusing the memorandum of grounds file herein, and upon hearing the arguments of Mr. P. Prabhakara Rao, Advocate for the petitioner. The Court made the following Order : - According to the terms of the contract, the flat has to be delivered possession within a period of one year from the date of the agreement. Evidently, the flat is not completed within the time. The allottee of the flat paid all other installments, except the last installment of Rs. 25,000.00 and Rs. 5,000.00 at the time of the delivery of the possession. Therefore, he is prepared to pay that amount and sought a direction for delivery of possession. Pending the consumer dispute, the District Forum passed interim order stating that she should deposit Rs. 30,000.00 before the District Forum with in a week from the date of the order, that is 06.01.1993 and the respondent shall complete the construction of the flat and deliver possession of the flat within one and half month from that date. This interim order is being questioned in this revision. The contention of the counsel for the petitioner is that unless the payment of the amount is directed, he is not in a position to complete the construction. Therefore, the interim order of the District Forum causes hardship to the petitioner. We are not inclined to agree with the said contention. By the interim direction, the entire amount due and payable by the respondent herein, was directed to be deposited before the District Forum, within a week and that evidently she complied with that order. It is now the responsibility of the builder to complete the construction within a period of one and half month. Since there is no direction of withdrawal of the amount, we consider it fit that as and when the builder completes the construction of the flat as directed by the District Forum, the amount of Rs. 30,000.00 (Rupees thirty thousands only) in deposit in the District Forum shall be paid to the builder. It is also submitted that one and half month time granted by the District Forum is not sufficient to complete the construction. In the circumstances, the time for construction and handing over the possession of the building to the complainant in C.D.No. 349 of 1992 is extended by a period of one month from today.
The Consumer Dispute Revision Petition is disposed of with the above directions. Revision disposed of.