Hon'ble Judges/Coram:
Mohan M. Shantanagoudar and Ajay Rastogi

JUDGMENT

Mohan M. Shantanagoudar, J.

1. This appeal arises out of judgment of the National Consumer Disputes Redressal Commission ('National Commission') dated 25.10.2016 dismissing the Appellant's Review Application No. 76/2016 against the order dated 1.3.2016 by which the National Commission dismissed the Appellant's Consumer Complaint No. 117/2016.

2. The Appellant's case is that Respondent No. 1/Opposite Party No. 1 had developed two buildings 'Madhuvan' with thirty two '1 BHK' flats in colony 'Shanti Park' in Thane, Maharashtra. Out of these the Appellant/complainant trust took possession of 29 flats for provision of hostel facilities to nurses employed by Lilavati Hospital, which is run by the Appellant trust. 29 agreements to sell were executed in respect of each flat on 25.11.1995, which were registered on 16.3.1996, and entire consideration amount was paid for the same. The architect issued completion certificate in respect of the flats on 17.2.1997. The flats were used for the purpose of hostel facilities till 2002. However, within 2-3 years of completion of the project, because of alleged poor building quality, the structure became dilapidated. The Appellant vacated the flats in 2002 and since 2004, the flats are lying unused.

In the meanwhile, an interim Board of Trustees was constituted by this Court by order dated 21.5.2014 in SLP No. 3772/2014, which is a separate litigation concerning dispute over control of the Appellant trust between different groups of trustees. The aforesaid interim Board of Trustees called for a structural report from M/s. Raje Consultants, which submitted their report in September 2015 finding that the cost of repairs would be more than the cost of reconstruction. The Appellant also claims that Respondent No. 1 obtained the occupation certificate for the flats by playing fraud upon the local municipal corporation. Hence the Appellant filed Consumer Complaint No. 117/2016 before the National Commission claiming Rs. 7,65,95,400/- in compensation on account of annual loss of rent from 2002 to 2015, cost of reconstruction of building 'Madhuvan' and future loss of rent of Rs. 35,00,000/- per y........