Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
Both the parties are absent. On last date appellant was represented by Adv. Gourkhede and respondent by Adv.Hatwar. Today both are absent.
We have perused the judgment in Consumer complaint no. 458/06 in District Consumer Forum, Nagpur order dated 22.04.2007 in which appellant was directed to execute the sale deed of flat purchased by the respondent/org. complainant and pay him Rs.2000/- as cost of the complaint.
The order of the forum below mentioned that complainant had failed to prove that he had paid Rs.1,28,000/- extra to the opponent than agreed consideration of the flat.
Forum below also observed that contention of the appellant/opponent that he had made extra work of Rs.70,000/- was not proved by adducing reliable evidence in that behalf.
The District Forum therefore found that complainant was entitled to get sale deed executed in his favour from the appellant/opponents. Since he had paid full price of the flat as per agreement of sale. As such it allowed the complaint partly and gave direction to the opponent (the appellant herein) to execute sale deed of the flat in favour of the complainant. To this extent only the complaint has partly allowed.
The appeal filed by original opponent is appearing to be devoid of any substance. Appellant has been rightly directed by the District Forum to execute sale deed in favour of the respondent/org. complainant. The award passed by the District Forum is appearing proper and is sustainable in law. Builder is bound to execute sale deed of flat in favour of respondent/org. complainant. As such we pass following order.
ORDER
1. Appeal is dismissed.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Prounced in open court
Dated 7th April 2011
