NCDRC

NCDRC

RP/2614/2013

M/S. S.S. CONSTRUCTION & ANR. - Complainant(s)

Versus

MATHEW VARGHESE & ANR. - Opp.Party(s)

MR. RAJESH KUMAR VERMA

23 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2614 OF 2013
 
(Against the Order dated 03/05/2013 in Appeal No. 1304/2010 of the State Commission Maharastra)
WITH
IA/4417/2013
1. M/S. S.S. CONSTRUCTION & ANR.
A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS, AT SUSHANTI, 54/55, 50A, 'D'SOUZA COLONY COLLEGE ROAD,
NASHIK - 5
MAHARASTRA
2. MR.SHIBU GOPALKRISHNA NAIR,, PARTNER OF M/S . S.S CONSTRUCTION,
SONA, PLOT NO-57 'D' SOUZA COLONY, GANGAPUR ROAD,
NASHIK
MAHARASTRA
...........Petitioner(s)
Versus 
1. MATHEW VARGHESE & ANR.
THROUGH ITS POWER OF ATTORNEY HOLDER, SHRI EAPEN MATHEW, R/O 12 EBENZER BUILDING, 13TH ROAD, CHEMBUR
MUMBAI - 71
MAHARASTRA
2. MR.SHAILENDER ARVIND SUKHTANKAR,
AT SUSHANTI, 54,55, 56A, 'D'SOUZA COLONY COLLEGE ROAD,
NASHIK
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MR. RAJESH KUMAR VERMA
For the Respondent :NEMO

Dated : 23 Aug 2013
ORDER

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the Petitioners/OP against the order dated 03.05.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, he State Commission in Appeal No. A/10/1304 athew Varghese & Anr. Vs. M/s. S.S. Construction & Anr. by which, while allowing appeal, order of District Forum dismissing complaint was set aside and complaint was allowed. 2. Brief facts of the case are that complainants/respondent No.1 purchased two flats bearing Nos. 6 & 8 in a building constructed and developed by OPs. Complainant paid a sum of Rs.9,43,000/- from time to time and balance of Rs.26,676/- was to be paid at the time of possession along with Rs.30,000/- for the terrace. It was further alleged that OPs failed to execute written agreement and also failed to deliver possession. Alleging deficiency on the part of OPs, complainant filed complaint. OP contested that agreement had been terminated vide letter dated 10.2.2004 and complainant was asked to collect the money and prayed for dismissal of complaint. Ld. District Forum after hearing both parties dismissed complaint. Appeal filed by the complainant was allowed by State Commission vide impugned order and Ld. State Commission directed OP to handover possession of Flat Nos. 6 & 8 after taking Rs.26,676/- towards balance amount and Rs.30,000/- for terrace or in the alternate, to refund Rs.9,69,676/- to the complainant along with interest @ 24% p.a. from 20.10.2008 i.e. date of filing of the complaint till its realization. 3. Heard learned Counsel for the petitioner at admission stage and perused record. 4. Ld. Counsel for the petitioner submitted that he presses revision petition only to the extent of award of interest @ 24% p.a. from 20.10.08 and petitioner is ready to refund original amount as ordered by learned State Commission. 5. Perusal of record clearly reveals that complainant made last payment in June, 2000 and later on as per statement of OPs agreement was terminated in 2001 and asked complainant to collect the money paid by him. Learned Counsel for the petitioner during the course of arguments submitted that petitioner has sold these flats to other persons in 2006. In such circumstances, it becomes clear that petitioner was enjoying fund of the respondent/complainant from 2000 to 2008 and at the same time, also enjoyed fund received from sale of flats in 2006. Learned State Commission has directed petitioner to refund money along with 24% p.a. interest only from 20.10.2008 and has not granted interest from the date of making payment. As no interest has been awarded from June, 2000 to 19.10.2008, grant of 24% p.a. interest from 20.10.2008 till realization cannot be said to be unreasonable. 6. We do not find any infirmity, irregularity, illegality or jurisdictional error in the impugned order and revision petition is liable to be dismissed at admission stage. 7. Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.