Maharashtra

StateCommission

RP/10/92

M/S RNA BUILDERS (N G) - Complainant(s)

Versus

MR SACHIN JAISING RAJPUT - Opp.Party(s)

D SIROYA

23 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
Revision Petition No. RP/10/92
(Arisen out of Order Dated 21/06/2010 in Case No. 192/2010 of District DCF, South Mumbai)
1. M/S RNA BUILDERS (N G)RAJA BAHADUR MANSION 1 ST FLOOR 28 MUMBAI SAMACHAR MARG FORT MUMBAI MUMBAI MAHARASHTRA 2. MR NARENDRA GUPTA RAJA BAHADUR MANSION 1 ST FLOOR 28 MUMBAI SAMACHAR MARG FORT MUMBAI MUMBAIMAHARASHTRA ...........Appellant(s)

Versus
1. MR SACHIN JAISING RAJPUT ROOM NO 9B SIDHARTH NAGAR SAI PRASAD CHAWL 90 TH ROAD CHARKOP KANDIVALI (W) MUMBAI MUMBAI MAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :

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ORDER

Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member:

None present for revisionist.   Respondent, Shri Sachin J. Rajpu/org.complainant appeared suo motu and present before us. 

Today’s date is duly informed and noted by the revisionist.  In spite of that he preferred to remain absent.  Hence, we heard respondent and perused the impugned order and the record.  It is a dispute between the flat purchaser and a builder.  The builder cancelled the booking as per the case submitted by the complainant.  Consumer complaint was filed for issuing direction to the opposite party not to create third party interest.  Said relief accordingly granted as per the impugned order and feeling aggrieved thereby, this revision petition is filed by the builder-org.opp.party.

After carefully considering the reasons given in the impugned order as well as material placed on record, it could be seen that dispute arise basically because of continuing additional demands towards the price made by the builder even though those demands to some extent were earlier met by the flat purchaser.    Having accepted the cheques, the builder subsequently returned those cheques and claimed that booking is cancelled.  Action is prima-facie arbitrary on the part of the builder.  Forum below considering all these aspects and rightly dealt with the issue involved in the matter.  Hence, we find no reason to interfere with the same.  No fault can be found with the impugned order.  Under these circumstances, revision petition being without any substance, we pass the following order:-

                                      

:-ORDER-:

 

1.     Revision petition stands dismissed subject to payment of cost of Rs.5,000/- to be paid by the revisionist to the respondent/org.complainant.

2.     Copies of the order herein be furnished to the parties.  

 

 

PRONOUNCED :
Dated : 23 July 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member