NCDRC

NCDRC

RP/4431/2009

VILAS MADHUKAR GUPTE - Complainant(s)

Versus

(CAPT.) AMAR SUDHIR PARKAR & ORS. - Opp.Party(s)

MR. NIKHIL GOEL

05 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 4431 OF 2009
(Against the Order dated 26/06/2009 in Appeal No. 60/2007 of the State Commission Maharastra)
1. VILAS MADHUKAR GUPTER/o Lakha Chambers, Gokhale Road,Dawar (W),Mumbari-400028 ...........Petitioner(s)
Versus
1. (CAPT.) AMAR SUDHIR PARKAR & ORS.R/o 5/4 Samarth Nagar,Chunnabhatti,Mumbai-4000222. SHRI SUDHIR DATTATRAYA PARKARResiding at Flat No. 3 Nisarga Appt., Vishakha Co-Operative Housing Soxciety Ltd., Near Vedant Nagari, Karve NagarPune-4110523. STATE BANK EMPLOYEES HOUSING SCHEMEThrough Chairman, Punyanagiri Co-op. Hsg. Society Ltd., Sy. No. 670/10, Bibwe WadiPune-4110374. ABHIJIT PRABHAKAR MAHAJANIR/o Flat No. 4, E Wing 1st Floor, Sy. No. 670/10, Bibwe WadiPune-411037 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MRS. RAJYALAKSHMI RAO ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 05 Jan 2010
ORDER

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 This revision with a delay of 62 days has been filed against the order dated 26.6.2009 of Maharashtra State Consumer Disputes Redressal Commission, Mumbai.  Petitioner was opposite party No.2.  In its order dated 25.8.2006, the District Forum had exonerated the petitioner and directed Opposite party Nos.1, 3 and 4 who were ex-parte  to pay jointly and severally amount of Rs.2,11,445.40 with interest @ 10% p.a.  In appeal, the State Commission has modified the order of District Forum by the order under challenge holding the petitioner liable to pay the awarded amount along with the said opposite parties.  Complainants allege that they had paid a total amount of Rs.2,09,305/- between 20.12.1991 to 15.11.1994 in addition to Rs.2,410/- towards the registration charges for a flat to the petitioner.  Petitioner alleged that he had resigned from the Society on 5.10.1997 and given the paid amount to the remaining opposite parties.  It is thus admitted that the petitioner had resigned much after the period the said amount was paid.   He, therefore, escape liability for payment of the paid amount.  State Commission  had rightly held him liable jointly and severally to pay the awarded amount.  There is no illegality or jurisdictional error in the order passed by the State Commission warranting interference in revisional jurisdiction under Section 21 (b) of the Consumer Protection Act, 1986.   Revision is, therefore, dismissed.



......................JK.S. GUPTAPRESIDING MEMBER
......................RAJYALAKSHMI RAOMEMBER