VINEY GUPTA vs ANSAL PROPERTIES AND INDUSTRIES LTD.

THIS is a review application filed by the respondent M/s. Ansal Properties & Industries Ltd. to review the order of this Commission, passed in Original Petition No. 401/2001 dated 27.9.2004

AS per Clause 15 of the Consumer Protection Regulations, 2005, "the Commission unless ordered otherwise, so dispose of the review application by circulation without oral arguments". In view of this Regulation, we go on to dispose of the application for review of our order dated 27.9.2004 based on material on record. We have very carefully gone through the review application. This review application seems to be in the form of a mercy petition, requiring us to reduce the interest awarded to the complainant as also the period calculated by this Commission for delivery of the house. It cannot be doubted that the flat was not given, which as per settled law, normally should be made within 2 and 3 years. In this case, amount was deposited by the complainant between 9.4.1997 and 1.10.1999. The house should have been delivered within a given period which, in our view, expired some time in 2001. Since the house has not been delivered, interest granted, as also the period normally required to construct and complete the house, is as per law settled by this Commission as also by the Hon''ble Supreme Court. Be that as it may, we find that as per Section 22(ii), our powers to review are limited to correct any error apparent on the face of record. No such plea has been taken that there is any error apparent on the face of record, in the order passed by us, in view of which we see no merit in this review application, which is dismissed.