NCDRC

NCDRC

RP/348-349/2011

VIJAY EKNATH PAWAR - Complainant(s)

Versus

MADHUVANTI SHRIKANT KULKARNI - Opp.Party(s)

MR. MANISH PITALE

11 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 348-349 OF 2011
 
(Against the Order dated 05/05/2010 in Appeal No. 23/2007 of the State Commission Maharastra)
1. VIJAY EKNATH PAWAR
R/o. 2318, Dingar Ali, Sambhaji Chowk
Nashik - 1
Maharashtra
...........Petitioner(s)
Versus 
1. MADHUVANTI SHRIKANT KULKARNI
R/o. 6/3, Trimurti Housing Society, Samarth Nagar, Dr. Munje Marg, College Road
Nashik
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Manish Pitale, Advocate
For the Respondent :
NEMO

Dated : 11 Jul 2011
ORDER

Directions given in the previous order dated 31.3.2011 have not been complied with till date.  Learned counsel for the petitioner seeks time to comply with the directions.  We decline the prayer.

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We have heard Mr. Manish Pitale, learned counsel for the petitioner and have considered his submissions.

The facts and circumstances of the case, which led to the filing of the complaint and thereafter the orders being passed by the fora below, are amply-noted in the orders of the fora below and need no repetition at our end.  In our view, the District Consumer Forum had gravely erred in ordering the refund of a sum of Rs. 2 lakh to the complainant as alternative relief in lieu of the main relief of possession of the shop in question.  In appeal, on a correct appreciation of the matter, the State Commission has corrected that error in the order of the District Consumer Forum and has directed the petitioner-builder/developer to give possession of shop No. 4 to the complainant within 60 days and has rightly deleted the alternate relief of refund of Rs. 2 lakh to the complainant.  Having regard to the entirety of the facts and circumstances of the case and the material obtaining on record, in particular the agreements reached between the father of the complainant and the petitioner-builder and that the builder had tried to take undue advantage of certain proceedings which were filed in civil court, which were not relevant for the

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purpose, in our view, the order passed by the State Commission is eminently justified and suffers from no illegality, material irregularity or jurisdictional error which calls for any interference by this Commission.

The revision petitions are accordingly dismissed.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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