Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:
This is suo motu revision petition wherein order dated 07.08.2008 is under consideration, whereby consumer complaint against builder stood dismissed with costs.
Undisputed facts are that, on 08.02.2007 Complainant Ramchandra V. Gorhe agreed to purchase a row-house admeasuring 1064 sq.ft. for consideration of `8,51,000/- from the Opposite Party M/s. Jay Construction. There is some grievance about alteration of the sanctioned plan. Said issue needs to be considered in the light of Section 7 of the Maharashtra Ownership of Flats Act, whether any such relief as prayed in question in prayer Clause 15 (B) is to be considered. However, as far as further relief in relation to execution of conveyance it is agreed contract and conveyance is to be executed by the builder. In this background plea of the builder about cancellation of the agreement also needs to be considered and if it is found that it was arbitrarily cancelled then the original agreement very much stand and consumer forum has to consider service deficiency, if any, in that light. Their dismissing the consumer complaint and that too with the cost was quite improper. It is pertinent to note that agreement is not disputed since builder comes with the case of cancellation of the agreement. Under the circumstances, we find that approach of the Forum below was erroneous nay per-verse. Impugned order, in the background of these circumstances, cannot be supported. We hold accordingly and pass the following order:
O R D E R
(i) Revision Petition is allowed.
(ii) Impugned order dated 07/08/2008 passed by Forum below in Consumer Complaint No.16/2008 is set aside.
(iii) Complaint No.16/2008 is remitted back to the Forum below for de novo trial and settle the dispute according to law after giving proper and appropriate opportunity to both sides.
(iv) Both parties shall appear before the Forum below on 22nd November, 2010.
