(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is lying unattended from 2004. The appellant also has not bothered to take circulation for getting first order passed. Therefore, on 05/08/2011, this matter was taken from sine-die list and placed before us for disposal. Intimation of that date was displayed on notice board and published on internet board of the Commission. On 05/08/2011, on finding that appellant as well as the respondent were absent, we directed office to issue notice informing next date of hearing i.e. 30/09/2011 to both the parties. Accordingly, on 23/09/2011, office issued notices to the parties. On 30/09/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we are deciding the matter on merit. This is an appeal filed by the original complainant against the order passed by the District Consumer Disputes Redressal Forum, Mumbai Suburban District in consumer complaint No.171/02 decided on 11/03/2004. By allowing the complainant, the forum below directed to refund price of the flat `2,10,460/- within 60 days from the date of receipt failing which he shall pay an interest @12% p.a. to the complainant. According to the complainant, had booked flat with the respondent. There was an agreement to sale executed on 29/12/1999. Respondent assured to deliver possession of flat on or before 31/03/1999. He paid full price by making payments from time to time during the period 06/02/1999 to 09/06/1998. Complainant also paid `6,710/- towards deposits vide receipt dated 12/01/2000. Opponent sent final notice dated 13/08/2001 to the complainant informing that the flat was ready for possession with occupation certificate and he should take possession by making payment of `12,400/- towards society maintenance and interest due on or before 28/08/2001. Complainant sent notice dated 03/12/2001 to the opponent canceling the booking due to inordinate delay in delivery and demanding refund of money deposited along with interest. For not refunding the entire amount towards the flat, the complainant filed consumer complaint. The forum below on finding that the complainant was guilty of not taking possession of the flat after it was built directed society to refund `2,10,460/- without interest. The grievance of the complainant in this appeal is only about not giving interest on the said amount which he had paid towards the consideration of the flat. We are of the view that now the society would be selling the flat to other customer. The forum below should have granted at least 9% interest from the agreed date of delivery of possession i.e. 31/03/1999, till complainant cancelled the booking on 03/12/2001. Therefore, by allowing this appeal partly, we pass the following order.
ORDER
(1) While confirming the order passed by the District Forum refunding the amount `2,10,460/- to the appellant, we direct the society to pay interest @9% p.a. on that amount from 31/03/1999 till 03/12/2001 on which date, the complainant sent cancellation letter and demanded refund of money.
(2) Rest of the order stands confirmed.
(3) Inform the parties accordingly.
Pronounced on 30th September, 2011.
